Legal Opinion

In re the City of New York

Appellate Division of the Supreme Court of the State of New York

Decided October 28, 1921Published

Appeal by Antonio Crafa and others from so much of an order of the Supreme Court, made at the Queens Special Term and entered in the office of the clerk of the county of Queens on the 7th day of June, 1916, as denies the motion to confirm the report of commissioners of estimate of awards for damages claimed for intended regulation of Onderdonk avenue, borough of Queens, and remitting the report to the commissioners for revision and correction.

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Appeal by Antonio Crafa and others from so much of an order of the Supreme Court, made at the Queens Special Term and entered in the office of the clerk of the county of Queens on the 7th day of June, 1916, as denies the motion to confirm the report of commissioners of estimate of awards for damages claimed for intended regulation of Onderdonk avenue, borough of Queens, and remitting the report to the commissioners for revision and correction. Onderdonk avenue follows the location of an old highway that crosses the boundary line between the boroughs of Brooklyn and Queens in the Ridgewood…

1Opinion of the Court

Putnam, J.:

The question here raised is the effect of a proceeding to acquire a title in fee of a street that over twenty years before had become a highway by dedication and acceptance. At the formal street opening and filing of maps in 1909, the boundaries were established and final grades regulated. But like many city streets, the grading as then actually worked did not extend to the full width of the street property lines,so that stoops and other encroachments remained undisturbed. In the proceedings to acquire the fee in the bed of the street, the owners of these encroachments have been…

2Cases cited3 opinions

  1. In re Mayor of New YorkAppellate Division of the Supreme Court of the State of New York · 1907
  2. City of New York v. KellyAppellate Division of the Supreme Court of the State of New York · 1903
  3. In re Prospect StreetNew York Supreme Court · 1912

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