122 N.Y.S. 316 | N.Y. App. Div. | 1910
This appeal .presents a question somewhat similar to but - not precisely identical with that passed Upon by the Court of Appeals in
In July, 1902, a petition was presented to the president of the borough of the Bronx and chairman of the local board of public improvement asking for the initiation of proceedings to acquire title to and open Hawkstone street. This was the first step towards such acquisition. Although-Swain, the real appellant, did not sign the petition he was active in soliciting and procuring others to- sign it. On September 12, 1902, the board of estimate and apportionment adopted a resolution authorizing the commencement of condemnation proceedings. On December 22, 1902, Swain, in the name of another acquired a plot of land, which included what after-wards became parcel No. 6 and was taken in this proceeding. The evidence leaves no doubt, and it is not questioned that Swain, when he acquired the property, knew of the proceedings that had then been taken looking to the acquisition of the property for street purposes.
On May 14, 1903, commissioners of estimate and assessment were appointed. On September 16, 1903, Swain commenced the erection of the house out of which this controversy has arisen; and on March 31,1904, the building was completed. On June 1,1904, title to the property taken vested in the city. The lot acquired by the appellant’s grantor was 50 feet in width and 100 feet in depth, and so situated that a comparatively small triangle lay within the lines of Hawkstone street as laid down on the city map. What remained of the plot after the necessary land had been acquired for street
It follows that the order appealed from is right, and is affirmed, with ten dollars costs and disbursements.
Ingraham, P. J., ¡Laughlin, Glares and Miller, J J., concurred.
Order affirmed, with ten dollars costs and disbursements.