Town of North Hempstead v. Oelsner
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Rudolph Oelsner, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Nassau on the 11th day of May, 1910, upon the verdict of a jury, with notice of an intention to bring up for review an order entered in said clerk’s office on the 18th day of April, 1910, denying the defendant’s motion for a new trial made upon the minutes, and also from an order entered on the 26th day of "April, 1910,…
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Appeal by the defendant, Rudolph Oelsner, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Nassau on the 11th day of May, 1910, upon the verdict of a jury, with notice of an intention to bring up for review an order entered in said clerk’s office on the 18th day of April, 1910, denying the defendant’s motion for a new trial made upon the minutes, and also from an order entered on the 26th day of "April, 1910, granting plaintiff’s motion for an extra allowance.
1Opinion of the Court
Rich, J.:
This appeal is from a judgment in favor of the plaintiff, and from an order denying his motion for a new trial, in an action of ejectment. The appeal also brings up for review an order granting the plaintiff an extra allowance of costs.
The premises in dispute consist of about nine acres of wild and uncultivated land, known as Bar or Barrow Beach, jutting out from the mainland on ■ the west side of Hempstead Harbor a distance of about one-third of a mile. The defendant owns 276 acres of upland separated from this beach by a highway. He admits that he is in possession of the premises;…
2Cases cited6 opinions
- Rowe v. GrangerAppellate Division of the Supreme Court of the State of New York · 1907
- American Fruit Product Co. v. WardAppellate Division of the Supreme Court of the State of New York · 1906
- Johnston v. Mutual Reserve Life InsuranceAppellate Terms of the Supreme Court of New York · 1904
- Cochran v. SmithNew York Supreme Court · 1893
- American Fruit Product Company v. . WardNew York Court of Appeals · 1907
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Hanover Sand & Gravel, Inc. v. New York State Thruway AuthorityAppellate Division of the Supreme Court of the State of New York · 1978
- Olin v. Town of North HempsteadNew York Supreme Court · 1962
- Hine v. LaustererNew York Supreme Court · 1930
- Town of North Hempstead v. SternNew York Supreme Court · 1914
- Colligan v. City of New YorkNew York Supreme Court · 1914
1 more not listed; retrieve them via the Exa API.