Hyperlawhypertext legal database In re Fifty-Ninth Street, Between East River & Avenue A 123 N.Y.S. 376

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In re Fifty-Ninth Street, Between East River & Avenue A

123 N.Y.S. 376 Court N.Y. App. Div. Decision date 1910-05-27 English

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p. 376
In re FIFTY-NINTH STREET, BETWEEN EAST RIVER AND AVENUE A, IN CITY OF NEW YORK. In re BARRY.
(Supreme Court, Appellate Division, First Department.
May 27, 1910.)

Headnote

1. Eminent Domain (§ 160[1] )—Award—Application for Payment—Notice..
On motion for an order directing the chamberlain of the city of New York to pay over money awarded, in condemnation proceedings, notice must be given to all who appear from the record to be entitled to any part of the award, which would include, the person to whom the award was made being dead, his heirs at law, next of kin, and mortgagees. [Ed. Note.—For other cases, see Eminent Domain, Dec. Dig. § 160.*J
2. Eminent Domain (§ 160*)—Award—Application for Payment—Sufficiency.
Where an application for an order directing the chamberlain of the city of New York to pay over money awarded in condemnation proceed-
p. 377
tags did not contain a certificate of the chamberlain that the amount of the award had been deposited with him, the papers were irregular.
[Ed. Note.—For other cases, see Eminent Domain, Dec. Dig. § 160.*]
In the matter of the application of the City of New York, relative to lands, etc., on Fifty-Ninth Street, between the East River and Avenue A, for bridge purposes. Heard on motion of Garrett Barry, as administrator, for an order directing the chamberlain of the city of New York to pay over the award.
Motion denied, with leave to renew.
Argued before INGRAHAM, P. J„ and McLAUGHLIN, SCOTT, CLARKE, and DOWLING, JJ.
Joseph H. Fargis, for petitioner.
Archibald R. Watson, Corp. Counsel, for the City.

Notice Of this application must be given to all those who appear from the record to be entitled to any part of this award, which would include the other heirs at law or next of kin of Dugan, to whom the award was made, and the mortgagees, who are entitled to receive a portion of the proceeds. The papers are irregular, in not containing a certificate of the chamberlain that the amount of the award has been deposited with him.