130 N.Y.S. 378 | N.Y. App. Div. | 1911
This appeal presents a question under the much-discussed Street Closing Act (Laws of 1895, chap. 1006), which has not heretofore been presented for judicial consideration. That question is as to when the owner of property affected by the closing of a street. must file a claim for such damages as he may have sustained thereby, when the actual closing does not take place until more than six years after the filing of the general .map or plan indicating an intention that such street shall be closed and discontinued. The act itself contains a limitation of time for filing claims, being six years after the filing of the' map indicating such closing, and the point we have to determine is whether or not that limitation applies to a case like the present. The Street Closing Act was passed to meet a condition of very serious confusion which prevailed in that portion of the city of New York lying north of the Harlem river, and now known as the borough of • the Bronx, for although the act is general in terms, its principal application is to the territory indicated. Originally the city of New York lay wholly south of the Harlem river, being confined to Manhattan island and the adjacent waters, and islands. From time to time, as the population increased, parts of Westchester county lying north of the Harlem river were added to the city and county of New York, being known for years as the annexed territory, or the twenty-third and twenty-fourth wards. The territory thus added embraced a number of villages and hamlets, and large tracts of land had been laid out
As to existing streets, avenues, etc., in actual use when the general map or plan was filed, a different provision was made as follows: “But in all cases where any such street, avenue, road, highway, lane, alley or thoroughfare is, at the time of the filing of such permanent map or plan actually open and in-public use, such pai’ts or portions thereof as are included within the boundaries of any square or plot of ground made by the intersection of any streets, avenues or roads laid, out by the local authorities upon the permanent map or plan of said city or district thereof in which such square or plot is situated, shall ever after any one of the streets, avenues or roads bounding such square or plot shall be opened, cease to be or remain for any purpose whatever a street, avenue, road, highway, lane, . alley oí* thoroughfare.” Thus in case of a street, road, etc.., actually opened and in use when the permanent map or plan is filed, the legal as well as the physical closing is postponed until the opening of a street or avenue bounding the plot or square, and whatever damage is worked to'an abutting owner
The order appealed from must be afi&rmed, with ten dollars , costs and disbursements.
Order affirmed, with ten dollars costs and disbursements.