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In re City of New York

212 N.Y. 599 Court N.Y. Decision date 1914-10-20 English

Contents

Majority

p. 599
In the Matter of the Application of the City of New York, Respondent, Relative to Acquiring Title to Lands Required for the Opening of Van Alst Avenue in the Borough of Queens. George E. Payne et al., Appellants; James W. Gerard et al., Respondents.

Headnote

Matter of City of New York (Van Alst Avenue), 161 App. Div. 944 , affirmed.
(Argued September 30, 1914;
decided October 20, 1914.)
Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered
p. 600
March 20, 1914, which affirmed an order of Special Term directing payment of an award theretofore made to “unknown owners” in street opening proceedings.
Clarence Edwards for George E. Payne, appellant.
B. A. Mansfield Hobbs, Arthur C. Bostwick and Hart-well P. Heath for Joseph Wild & Company, appellant.
Nathan A. Smyth for James W. Gerard et al., respondents.
• Frank L. Polk, Corporation Counsel (Joel J. Squier and John J. Kearney of counsel), for City of New York, respondent.

Order affirmed, with costs; no opinion.

Concur: Werner, Hiscogk, Chase, Collin, Hogan and Miller, JJ. Absent: Cardozo, J.