In re Bragaw St. — 149 N.Y.S. 369

Majority

p. 369

In re BRAGAW ST., BOROUGH OF QUEENS.

(Supreme Court, Special Term, Kings County.

October 26,1912.)

Headnote

Eminent Domain (§ 265^[1] ) — Proceedings to Take Property — Public Improvements — Streets—Costs.

In a proceeding for the taxation of costs expended in acquiring land for the opening and extending of a street, which were first paid by the city of New York, in accordance with Greater New York Charter (Laws 1901, c. 466) §§ .258, 997, and for which the municipality is entitled to be reimbursed, the certificate granted under the charter and Laws 1909, c. 394, is presumptive evidence of the correctness of the charges, and makes out a prima facie case of the legality and reasonableness of the costs.

[Ed. Note. — For other cases, see Eminent Domain, Cent. Dig. §§ 400, 690-693; Dec. Dig. § 265.*]

In the matter of Bragaw Street, from Skillman Avenue to Borden Avenue, First Ward, Borough of Queens. On motion for taxation of costs.

Motion granted.

See, also, 141 N. Y. Supp. 987 .

A. R. Watson, Joel J. Squier, Walter-C. Sheppard, and John P. Smith, all of New York Oity, for city of New York. John R. McMullen, William R. Keese, and Phelan Beale, all of New York City, for property owners.

This is an application for taxation of costs in a proceeding for acquiring land for the opening and extending of a street not yet named by proper authority. The corporation counsel certifies he had audited the bill. The amount certified for commissioners’ fees is not assailed. The only foundation for opposition is an affidavit by the attorney for a property owner, who, without stating facts, deduces from the ratio which the cost of the proceeding bears to the awards that the amounts charged by the city of New York for reimbursement of the fund out of which charges made pursuant to sections 258 and 997 of the Greater New York Charter and chaptei 394, Laws of 1909, were paid are unreasonable and unwarranted. The certificate granted uhder the latter act is made presumptive evidence of the correctness of the expense therein provided. The affidavits in relation to the charges made pursuant to sections 258 and 997 of the Greater New York Charter made out a prima facie case of legality and reasonableness. See Matter of Collis, 80 App. Div. 287 , 80 N. Y. Supp. 307 .

Motion granted. Order signed.