262 A.D. 14 | N.Y. App. Div. | 1941
The object of this proceeding now under review is to determine the ownership of the proceeds of the money award made for the taking of certain easements of egress and ingress appurtenant to real property during the reconstructing of a railroad grade crossing. The real estate is located in the city of Corning, and at the time of the interference with the rights of ingress and egress was held in title by joint tenancy of two brothers, James Vincenzo Stirpe and Louis Stirpe. No proceedings in condemnation were begun by the public authorities. The work
At Special Term the court held that the title to the property in question and the rights and easements therein had not passed at the death of the said Louis Stirpe. The facts hereinbefore recited are set forth in the record as being stipulated by the parties to this proceeding.
The legal effect of the joint tenancy of the property in question was that, if title were not changed within the lifetime of the deceased tenant, Louis Stirpe, the title to the real property would pass by reason of survivorship to bis joint tenant, James Vincenzo Stirpe. So, in deciding the question as to the ownership of the proceeds of the award, it is necessary to decide whether title had been disturbed before the death of Louis Stirpe to an extent that in some way interfered with the right of survivorship of the joint tenant.
It must be held that the claim for damages for the destruction of easements accrued and was collectible as of the date of the interference with the easements, to wit, August 15, 1933. (King v. Mayor, etc., of New York, 102 N. Y. 171; Utter v. Richmond, 112 id. 610.) It is now held that on August 15, 1933, the claimants James Vincenzo Stirpe and Louis Stirpe were owed by the city of Corning the sum of $2,400 (the amount of the award). Was this
The order below should be affirmed, without costs.
All concur, except Crosby, P. J., and Dowling, J., who dissent and vote for reversal of the order and denial of the motion. Present — Crosby, P. J., Taylor, Dowling, Harris and McCurn, JJ.
Order affirmed, without costs.