98 N.Y.S. 331 | N.Y. App. Div. | 1906
Proceedings were instituted by] the city of New York to acquire title to certain lands on Amsterdam avenue, between One Hundred
The motion was granted and the costs directed to be taxed as in an action, together with an extra allowance of $500,, and the city - has appealed.
To entitle the owner of land, which is proposed to be taken by the city, to costs under the section of the charter referred to, he must make a written offer to sell at least ten days before proof is given as to the value of the land, and then the amount awarded must be in excess of his offer.
Here, the award, it is true, was in excess of the offer, but the
If an attorney in an action cannot make an offer of judgment without proof of his authority; much less can he make a .valid offer, without proof of his authority, to transfer the title to land. Here, as we have already seen, there was no proof accompanying the offer that Flannery had authority to make it, and upon this ground alone the offer was properíy rejected.
The commissioners were also justified in rejecting the offer,
If the foregoing views be correct, then it follows that the order appealed from must be reversed, with ten dollars costs and disbursements, and' the motion denied, with ten dollars costs.
Ingraham, Laughlin, Clarke and Houghton, JJ., concurred.
Order reversed, with ten dollars costs and disbursements, and motion denied,, with ten dollars costs. , Order filed.
Laws of 1901, chap. 466.— [Rep.