Hyperlawhypertext legal database Charde v. City of Brooklyn 29 N.Y.S. 390

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Charde v. City of Brooklyn

29 N.Y.S. 390 Court Brooklyn City Ct. Decision date 1894-05-28 English

Delivered by *391 VAN WYCK, J.

Contents

Majority

p. 390
(8 Misc. Rep. 598.)
CHARDE et al. v. CITY OF BROOKLYN.
(City Court of Brooklyn, General Term.
May 28, 1894.)

Headnote

Condemnation Proceedings—Award—Right of-Grantee.
A deed of land, including a portion which had been condemned for street purposes, gives the grantee the right to the award of the portion condemned, where the award was made before the deed was executed, but the possession of the grantor had not been disturbed.
Appeal from special term.
Action by Emily J. Charde and others against the city of Brooklyn.
There was a judgment in favon of plaintiffs, and defendant appeals.
Affirmed.
Argued before VAN WYCK and OSBORNE, JJ.
Albert G. McDonald, for appellant.
E. T. Payne, for respondents.

An award was made for part of a lot taken for the widening of North Second street pursuant to the Laws of 1871, c. 559. For years thereafter, no steps were taken to actually widen the street. The owners used the land so taken,, andno claim was made for the awards so made. Both the city and the owners treated the matter as though no lands were taken, and no awards were made. While this was the existing condition, the owner of the lot involved in this action conveyed the whole of it, including the portion taken by the act of 1871. That such conveyance operated as an assignment of the award has already been decided by this court. Delap v. City of Brooklyn, 3 Misc. Rep. 22 , 22 N. Y. Supp. 179 ; Englehardt v. City of Brooklyn, 3 Misc. Rep. 32 , 21 N. Y. Supp. 777 ; Burkard v. City of Brooklyn, 6 Misc. Rep. 431 , 26 N. Y. Supp. 1112 . Judgment must be affirmed, with costs.

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