In re Mayor

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

Decided March 15, 1903

Appellate Division of the Supreme Court of the State of New York · decided 1903-03-15

Reargument of an appeal by The City of New York and others, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 13.th day of June, 1901, confirming the report of commissioners of estimate and assessment appointed in the above-entitled matter. ■ •

Decided 1903-03-15

Van Brunt, P. J. (dissenting):

¶1I concur with Mr. Justice Patterson as to the Lebanon Hospital Association.

¶2I dissent as to Lawton and Clausen. It is apparent that a wrong principle was adopted in making -the- awards as to those claimants, the amounts having been fixed without regard to easements. Those easements made the property of Láwton and Clausen of but little value.

¶3Order reversed, with costs, and report sent back to the commissioners for further consideration.