71 N.Y.S. 207 | N.Y. Sup. Ct. | 1901
In this case I am of the opinion: First. That the amounts awarded to the objectors, Weinstock and Purdy, for the parcels shown on the damage map as numbers 57 and 58 cannot be said to be so inadequate as to justify the court in inter7 fering with the determination of the commissioners. The commissioners were not concluded by the opinion as to value given by the expert who was examined on hehalf of the property-owners, and were entitled to act upon their own judgment as to that subject, as has been frequently held in proceedings of tin's nature. City of Syracuse v. Stacey, No. 1, 45 App. Div. 260, and cases cited. Second. The objection to the competency of Mr. Brown to act as one of the commissioners is not well taken, for the reason that the objectors appeared before the commissioners and litigated before them without objection, and also because the affidavit of said commissioner, read in reply to the affidavits in support of such objection, shows that he did not own any property within the area of assessment, and that the property referred to in the objector’s affidavit, owned by him and his mother, was disposed of before the filing of the final report. Matter of Southern Boulevard, 3 Abb. (N. S.) 447; Matter of the Spuyten Duyvil Parkway, 67 How. Pr. 341; Matter of Application of Cooper, 93 N. Y. 507. Third. With regard to the objections urged by Mr. Fox on behalf of the Messrs. Devoe and Mrs. Ray-
Ordered accordingly.