People Ex Rel. Central Trust Co. v. Prendergast
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered March 31, 1911, which affirmed an order of Special Term granting a motion for a peremptory writ of mandamus to compel the defendant to pay to the relator a certain award made in change of grade proceedings, with interest. The facts, so far as material, are stated in the opinion.
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Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered March 31, 1911, which affirmed an order of Special Term granting a motion for a peremptory writ of mandamus to compel the defendant to pay to the relator a certain award made in change of grade proceedings, with interest. The facts, so far as material, are stated in the opinion. Chapter 537 of the Laws of 1893 is a local law, and any act amendatory of a local law is itself a local law. (People ex rel. Purdy v. Fitch, 147 N. Y. 355; People v. Hills, 35 N. Y. 449; People v. O’Brien, 38…
1Opinion of the CourtVann, J.
This litigation has a long and varied history. It began in 1893 shortly after the passage of chapter 537 of the laws of that year, which authorized the appointment of commissioners to estimate the loss and damage sustained by abutting owners owing to a change of grade made in certain streets of the city of Hew York pursuant to chapter 721 of the Laws of 1887. The owners affected were authorized to prove the damages sustained by them, if any, and to recover the amount thereof from the city. The commissioners were required to make a just and equitable award, and the comptroller was directed to…
2Cases cited8 opinions
- St. John v. Andrews Institute for GirlsNew York Court of Appeals · 1908
- Ferguson v. . RossNew York Court of Appeals · 1891
- Matter of BorupNew York Court of Appeals · 1905
- People ex rel. Central Trust Co. v. StillingsAppellate Division of the Supreme Court of the State of New York · 1910
- People ex rel. City of New York v. StillingsAppellate Division of the Supreme Court of the State of New York · 1910
3 more not listed; retrieve them via the Exa API.
3Cited by38 opinions
- Schuster v. City of New YorkNew York Court of Appeals · 1958
- Matter of McAneny v. . Bd. of Estimate, Etc.New York Court of Appeals · 1922
- Pine v. CommonwealthCourt of Appeals of Virginia · 1917
- People Ex Rel. Simon v. . BradleyNew York Court of Appeals · 1913
- Matter of Crane v. . CraigNew York Court of Appeals · 1921
33 more not listed; retrieve them via the Exa API.