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In re the City of New York

112 A.D. 165 Court First Department, Decision date 1906-04-06 English

Delivered by McLaughlin, J. :

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p. 165
In the Matter of the Application of The City of New York, Appellant, Relative to Acquiring Title to Certain Lands and Premises Situated on the Easterly Side of Amsterdam Avenue, Between One Hundred and Thirty-ninth and One Hundred and Fortieth Streets, and Also a Strip of Land Thirty Feet in Width, Lying Between the Site of the College of the City of New York and St. Nicholas Park, and Extending from Convent Avenue to St. Nicholas Terrace, in the Borough of Manhattan, in the City of New York, Duly Selected as an Additional Site for the College of the City of New York According to Law.[1] James R. Hay, Respondent.
First Department,
April 6, 1906.

Headnote

Appeal by the petitioner, The City of Hew York, from an order of the Supreme Court, made at the Hew York Special Term and entered in the office of the clerk of tlie'county of Hew York on the 13th day of October, 1905, granting a motion for the taxation of costs' and an extra allowance under section 1436c of the Greater Hew York charter (Laws of 1901, chap. 466).
Theodore Connoly, for the appellant.
Joseph A. Flannery, for the respondent.

Proceedings were instituted by the city of Hew York to acquire title to certain lands on Amsterdam avenue between One Hundred and Thirty-ninth and One Hundred and Fortieth streets, owned-by the respundent Hay. After the commencement of such proceedings an offer was made under section 1436c of the Greater Hew Yoik charter (Laws of 1901, chap. 466) to sell this land to the city for the sum of $60,000. The offer was made January 9, 1905, and was signed “James R. Hay, by Joseph A. Flannery, his attorney.” The offer was rejected and title subsequently acquired by the city, for which an award was made to Hay of $69,183. Thereafter a motion was made on behalf of Hay, under section 1436c of the

p. 166
Greater Hew York charter, to tax liis costs-in the proceeding and for an extra allowance. The motion was granted, and his costs were directed to be taxed as in an action, together with an extra allowance of $500, and the city has appealed.

For the reasons assigned in the opinion delivered on the appeal from an order in a similar proceeding, in which costs and an extra allowance were allowed to John 0. Baker ( 112 App. Div. 160 ), the order appealed from must be reversed, with ten dollars costs and disbursements, and the motion denied, with ten dollars costs.

Ingraham, Laughlin, Clarke and Houghton, JJ., concurred.

Order reversed, with ten dollars costs and disbursements, and motion denied, with ten dollars costs. Order filed.

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