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People ex rel. New York Central & Hudson River Railroad v. Walsh

211 N.Y. 505 Court N.Y. Decision date 1914-04-14 English

Contents

Majority

p. 505
The People of the State of New York ex rel. The New York Central and Hudson River Railroad Company, Appellant, v. Michael J. Walsh, Acting Comptroller of the State of New York, et al., Respondents. (Fox Ridge Case.)

Headnote

People ex rel. N. Y C. & H. R. R. R. Co. v. Walsh, 159 App. Div. 932 , modified.
(Argued February 27, 1914;
decided April 14, 1914.)
■ Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered
p. 506
January 7, 1914, which reversed an order of Special Term granting a motion for a peremptory writ of mándamus to compel audit of a certain claim of the relator and the conveyance to it of certain interests in barge canal lands.
H. Le Roy Austin for appellant.
Thomas Carmody, Attorney-General (Edward J. Mone of counsel), for respondents.

Order of Appellate Division reversed and order of Special Term modified as indicated in opinion of Collin, J., in the Sterling Creek case (People ex rel. N. Y. C. & H. R. R. R. Co. v. Walsh, 211 N. Y. 90 ), decided herewith, and as modified affirmed, without costs to either party.

Concur: Willard Bartlett, ■ Oh. J., Werner, Hiscock, Chase, Collin and Miller, JJ. Dissenting: Hogan, J. _

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