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Matter of Board of Transp. of City of New York

Appellate Division of the Supreme Court of New York, Second Department
Dec 1, 1934
243 App. Div. 529 (N.Y. App. Div. 1934)

Opinion

December, 1934.


Order denying petitioner's motion to set aside the service of notice in this condemnation proceeding and to determine that the court has acquired no jurisdiction over the petitioner affirmed, with ten dollars costs and disbursements. The court is of the opinion that the word "thoroughfare," as used in the statute, does not apply to a subway.


It was conceded on the argument that title was acquired by the city on April 15, 1931. The motion resulting in the order from which the appeal has been taken was returnable on July 26, 1933. In the interim the subway was completed. Of all of these facts the appellant had knowledge, or they were conceded on the argument. The appellant was guilty of laches.


Summaries of

Matter of Board of Transp. of City of New York

Appellate Division of the Supreme Court of New York, Second Department
Dec 1, 1934
243 App. Div. 529 (N.Y. App. Div. 1934)
Case details for

Matter of Board of Transp. of City of New York

Case Details

Full title:In the Matter of the Application of the BOARD OF TRANSPORTATION OF THE…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Dec 1, 1934

Citations

243 App. Div. 529 (N.Y. App. Div. 1934)