Hyperlawhypertext legal database Burkard v. City of Brooklyn 26 N.Y.S. 1112

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Burkard v. City of Brooklyn

26 N.Y.S. 1112 Court Brooklyn City Ct. Decision date 1894-01-22 English

Delivered by VAN WYCK, J.

Contents

Majority

p. 1112
(6 Misc. Rep. 431.)
BURKARD v. CITY OF BROOKLYN.
(City Court of Brooklyn, General Term.
January 22, 1894.)

Headnote

Eminent Domain—Compensation—Rights op Mortgagee.
A mortgage made before the enactment of a statute authorizing the taking of land for the widening of the street on which the mortgaged lots abut conveys the right to an award for portion of the lots subsequently taken for the widening of such street. Engelhardt v. City of Brooklyn, 21 N. Y. Supp. 777 , 3 Mise. Rep. 30, followed.
Appeal from trial term.
Action by Kate Burkard against the city of Brooklyn. From' a judgment in favor of plaintiff, defendant appeals.
Affirmed.
Argued before VAN WYCK and OSBORNE, JJ.
Almet F. Jenks, for appellant.
Wager & Acker, for respondent.

Plaintiff sues to recover an award made for land taken in widening North Second street in this city, under an act passed April 19, 1871, (Laws 1871, c. 559.) From a judgment in favor of plaintiff this appeal is taken. The plaintiff’s right to the award rests upon a mortgage made by the owner of the land so taken, prior to the passage of the act, and foreclosed, and the property sold thereafter. That this operated as an assignment of the award to such purchaser has already been decided by this court. Delap v. City of Brooklyn, 3 Misc. Rep. 22 , 22 N. Y. Supp. 179 ; Engelhardt v. City of Brooklyn, 3 Misc. Rep. 30 , 21 N. Y. Supp. 777 . The trial court completely protects the defendant from subsequent mortgages to the one through which plaintiff claims title by enjoining the execution of the judgment until they shall be properly satisfied of record. Judgment must be affirmed, with costs.

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