In re Acquiring Title to Public Park

Appellate Division of the Supreme Court of New York

In re Acquiring Title to Public Park

264 A.D. 784, 34 N.Y.S.2d 944, 1942 N.Y. App. Div. LEXIS 4722

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMay 18, 1942

StatusPublished

This text of 264 A.D. 784 (In re Acquiring Title to Public Park) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re Acquiring Title to Public Park, 264 A.D. 784, 34 N.Y.S.2d 944, 1942 N.Y. App. Div. LEXIS 4722 (N.Y. Ct. App. 1942).

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Opinion

In a condemnation proceeding, order entered on motion to determine the validity and priority of various claims or liens affecting the award for damage parcels 9 to 13, inclusive, and for other relief, modified on the law as follows: 1. By striking out subdivision (1) of the first ordering paragraph and subdivision (1) of tho second ordering paragraph and in placo thereof inserting a provision that taxes and penalties be computed to the date of payment of the taxes. 2. By striking from subdivision (3) of the first ordering paragraph the words, “ To the Treasurer of The City of New York pending further order of this Court,” and substituting in place thereof the words, “ To Samuel Prank, the second mortgagee,” and by striking from said subdivision the figures “ $64,877.99 ” and substituting in place thereof the figures “ $70,000.” As so modified, the order, in so far as appealed from, is affirmed, with ten dollars costs and disbursements to appellant Prank, payable by respondent-appellant City of New York. (See Matter of City of New York [Rockaway Beach], 288 N. Y. 51.) Lazansky, P. J., Carswell, Johnston, Adel and Close, JJ., concur. Settle order on notice. [See post, p. 794.]

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In a condemnation proceeding, order entered on motion to determine the validity and priority of various claims or liens affecting the award for damage parcels 9 to 13, inclusive, and for other relief, modified on the law as follows: 1. By striking out subdivision (1) of the first ordering paragraph and subdivision (1) of tho second ordering paragraph and in placo thereof inserting a provision that taxes and penalties be computed to the date of payment of the taxes. 2. By striking from subdivision (3) of the first ordering paragraph the words, “ To the Treasurer of The City of New York pending further order of this Court,” and substituting in place thereof the words, “ To Samuel Prank, the second mortgagee,” and by striking from said subdivision the figures “ $64,877.99 ” and substituting in place thereof the figures “ $70,000.” As so modified, the order, in so far as appealed from, is affirmed, with ten dollars costs and disbursements to appellant Prank, payable by respondent-appellant City of New York. (See Matter of City of New York [Rockaway Beach], 288 N. Y. 51.) Lazansky, P. J., Carswell, Johnston, Adel and Close, JJ., concur. Settle order on notice. [See post, p. 794.]

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Bluebook (online)

264 A.D. 784, 34 N.Y.S.2d 944, 1942 N.Y. App. Div. LEXIS 4722, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-acquiring-title-to-public-park-nyappdiv-1942.

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