138 A.D. 186 | N.Y. App. Div. | 1910
The city of New York appeals from an order in this proceeding in so far as it confirms the report of the commissioners of estimate and assessment awarding to James E. Ward & Co., a corporation, certain sums of money as damages for taking an iron shed and a wooden shed erected by the said corporation on Pier Old No. 17,' East river. No question is made as to the values placed upon these sheds, the. only question raised being whether the respondent is entitled to any compensation at all. The pier itself was concededly private property, of which the respondent had been for many years' the lessee, its latest lease from the owners having been made on March 26, 1902, for a term of-five years, unless sooner terminated in consequence of the taking possession thereof by the city of New York. The respondent had erected the sheds in question before the execution of said lease. They were erected under permits granted by the department of docks under the provisions of section 1 of chapter 249 of the Laws of 1875, well known as the Shedding Act. The first permit, which covered the erection of the wooden shed, was granted on June 6, 1877. It granted permission to James E. Ward & Go., lessees, to erect a shed in accordance with plans to be approved by the chief engineer of the department, “and to be removed when so ordered by this Board or its successors, free of all claim whatsoever against the corporation, consequent upon such removal.” The second permit, under which the iron shed was built, was issued August 24, 1888, and granted permission “ to extend
. The order appealed from must be affirmed, with ten dollars costs and disbursements.
Ingraham, P. J., McLaughlin, Clarke and Dowling, JJ., concurred.
Order affirmed, with ten dollars costs and disbursements.