Hyperlawhypertext legal database In re laying out & opening Ludlow Street Extension 160 N.Y.S. 1137

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In re laying out & opening Ludlow Street Extension

160 N.Y.S. 1137 Court N.Y. App. Div. Decision date 1916-09-29 English

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p. 1137
In the matter of laying out and opening LUDLOW STREET EXTENSION, etc., in the First Ward of the City of Yonkers, etc.
(Supreme Court, Appellate Division, Second Department.
September 29, 1916.)

Order reversed, with §10 costs and disbursements, and motion denied, with §10 costs, upon the ground that the requirement of notice of claim in section 94 of the Railroad Law is applicable to the abutting owner claimant, and that the requirement of filing claim with the corporation counsel, contained in section 3 of article 6 of the Supplemental Charter of the city of Yonkers is applicable to each abutting owner claimant, and that each such owner, by failing to so file his claim within the period of six weeks, as provided by said section, waives Ms such claim.