Hyperlawhypertext legal database In re East 172d Street 126 N.Y.S. 284

← Cases

In re East 172d Street

126 N.Y.S. 284 Court N.Y. App. Div. Decision date 1910-12-16 English

Contents

Majority

p. 284
In re EAST 172D ST. IN CITY OF NEW YORK.
(Supreme Court, Appellate Division, First Department.
December 16, 1910.)'

Headnote

Eminent Domain (§ 124*)—Public Improvements—Streets—Damages.
In proceedings by a city for the opening of a street, the damages should have been fixed as of the date when the first street bounding the block was actually opened for public use, and not as of the date when the title-to such street vested in the city.
[Ed. Note.—For other cases, see Eminent Domain, Cent. Dig. §§ 332-,.344; Dec. Dig. § 124.*]
• Appeal from Special Term, New York County.
In the matter of East 172d Street. Appeal from an order confirming the report of commissioners of estimate - andl assessment.
Reversed, with directions.
Argued before INGRAHAM, P. -J., and McLAUGIiEIN, SCOTT,. LAUGHLIN, and CLARKE, JJ.
Joel J. Squier, for appellant.
Benjamin Trapnell, for respondents.

The commissioners of estimate and assessment-fixed the damage as of February 20, 1907, which was the day that the title to the first street bounding the block, viz., the Grand Boulevard and Concourse, vested in the city, when they should have fixed' it as of the date when the first street bounding the block was actually-opened for public use. In re Walton Avenue, 131 App. Div. 696 , 116 N. Y. Supp. 471 ; Id., 197 N. Y. 518 , 90 N. E. 59 . The record-before us does not show when the first street bounding the block was actually opened for public use. That fact should have been’ ascertained, and the damages fixed as of that date.

The order appealed from, therefore, is reversed, and the report returned to the commissioners of estimate and assessment for amendment andl correction, as above indicated, without costs.

Cases cited