In re Opening of One Hundred & Eighty-First Street
New York Supreme Court
Appeal from special term, New York county. Petition by Martha J. Fitzgerald to vacate in part an order confirming the report of commissioners of estimate and apportionment, on the opening 181st street, between Tenth and Eleventh avenues, in the city of New York, which made no award to petitioner for land owned by her taken for such street. From an order granting the petition, owners of property assessed for expenses of opening the street appeal.
1Opinion of the CourtVan Brunt, P. J.
The papers upon appeal in this case show a clear mistake in reference to the failure to make an award for the land of the appellee Fitzgerald taken for the opening of this street; and that in some form she should have redress, seems to be apparent. It is unjust, however, because of this mistake, in which she participated, that she should be placed in a better position than she would have occupied had she appeared before the •commission at the time they were assessing the value of the property to be taken, and presented her claim. There is no question of fact upon either side, and it is…
2Cited by3 opinions
- In re MayorAppellate Division of the Supreme Court of the State of New York · 1905
- In re Opening of One Hundred & Sixty-Third StreetNew York Supreme Court · 1891
- In re the City of New YorkAppellate Division of the Supreme Court of the State of New York · 1913