In re City of New York

Appellate Division of the Supreme Court of New York

In re City of New York

215 A.D. 841

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

DecidedJanuary 15, 1926

StatusPublished

This text of 215 A.D. 841 (In re City of New York) 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.

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In re City of New York, 215 A.D. 841 (N.Y. Ct. App. 1926).

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Opinion

Final order confirming report of referee unanimously affirmed, with costs. We strike out findings “ XX ” and “ XXV ” of the referee’s report, and findings “ XX ” and “ XXV ” of the decision of the Special Term, on the ground, that they are .immaterial. The evidence and the findings both of the referee and of the Special Term made thereon satisfy us that the matter of the reasonable annual value to the relator of the stored waters in the two reservoirs did not enter into or form part of either the report or decision as to the reasonable value of the lands and structures and the percentage of assessment thereon. Present — Kelly, P. J., Rich, Manning, Young and Kapper, JJ.

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Final order confirming report of referee unanimously affirmed, with costs. We strike out findings “ XX ” and “ XXV ” of the referee’s report, and findings “ XX ” and “ XXV ” of the decision of the Special Term, on the ground, that they are .immaterial. The evidence and the findings both of the referee and of the Special Term made thereon satisfy us that the matter of the reasonable annual value to the relator of the stored waters in the two reservoirs did not enter into or form part of either the report or decision as to the reasonable value of the lands and structures and the percentage of assessment thereon. Present — Kelly, P. J., Rich, Manning, Young and Kapper, JJ.

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215 A.D. 841, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-city-of-new-york-nyappdiv-1926.