Hyperlawhypertext legal database Charde v. City of Brooklyn 61 N.Y. St. Rep. 51

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Charde v. City of Brooklyn

61 N.Y. St. Rep. 51 Court Brooklyn City Ct. Decision date 1894-05-28 English

Delivered by Van Wyck, J.

Contents

Majority

p. 51
Emily J. Charde et al., Resp’ts, v. The City of Brooklyn, App’lt.
(Brooklyn City Court, General Term,
Filed May 28, 1894.)

Headnote

Condemnation proceedings—Award—Right oe grantee.
A grantee of land, part of which has been condemned, is entitled to the award, where it was made before the deed was executed but the possession of the grantor had not been disturbed.
Appeal from a judgment in favor of plaintiffs.
Albert G. McDonald, for app’lt; E. T. Payne, for resp’ts.

An award was made for part of a lot taken for the widening of North Second street pursuant to the Laws of 1871, chap. 559. For years thereafter no steps were taken to actually widen the street. The owners used the land so taken, and no 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 ; 51 St. Rep. 128 ; Engelhardt v. City of Brooklyn, 3 Misc. Rep. 32 ; 50 St. Rep. 572 ; Burkard v. City of Brooklyn, 6 Misc. Rep. 431 ; 58 St. Rep. 302 . Judgment must be affirmed, with costs.

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