101 N.Y.S. 397 | N.Y. App. Div. | 1906
Many questions are presented on this appeal which involve various pieces of property taken by the city of New York for a public street. The commissioners have made awards for the property taken which have been confirmed by the Special Term, and from each and every part of the ‘order confirming that .report the city of New York has appealed, and the owners of portions of the property taken have also appealed.
We may stop here and determine two questions which will dispose of the claim of several of the appellants. In the first place, I think that the deqd from Mott to Bryant conveyed all the property
The- other conveyances made by the receiver are in like form except as to the specific property conveyed, and it would seem to be quite clear that, these conveyances conveyed to the grantee no interest in the canal, if any interest there was vested in the life insurance company. ' It subsequently appears that the receiver of
Many other questions are presented upon this appeal, but we do not think that any of the other objections raised to the report would justify us in disturbing the report of the commissioners.
It follows, therefore, that the order appealed from must be Teversed and the report sent back to the commissioners with direction to award the sum of $40,000 for the fee of the bed of the canal to unknown owners, and the report in other respects to stand.
O’Brien, P. J., McLaughlin, Clarke and Houghton, JJ., concurred.
Order reversed and proceedings remitted to commissioners as stated in opinion. Settle order on notice.
See Laws of 1868, chap. 841.— [Rep.