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Matter of City of New York

Appellate Division of the Supreme Court of New York, Second Department
Jan 1, 1927
219 App. Div. 721 (N.Y. App. Div. 1927)

Opinion

January, 1927.


Order directing payment of award modified by striking out the provision for the giving of a bond by committee of incompetent. As thus modified the order is affirmed, without costs. There is no statutory warrant for the giving of such a bond. The undisputed facts here show a duly appointed committee of the incompetent whose property was taken. The situation does not differ from the case of a theretofore unknown owner whose identity was later established and the award directed to be paid accordingly. The order appealed from, based upon the undisputed facts, makes the necessary recitals and provisions for the protection of the comptroller against any possible claim for second payment. Kelly, P.J., Manning, Young, Kapper and Lazansky, JJ., concur.


Summaries of

Matter of City of New York

Appellate Division of the Supreme Court of New York, Second Department
Jan 1, 1927
219 App. Div. 721 (N.Y. App. Div. 1927)
Case details for

Matter of City of New York

Case Details

Full title:In the Matter of the Application of the CITY OF NEW YORK, Relative to…

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

Date published: Jan 1, 1927

Citations

219 App. Div. 721 (N.Y. App. Div. 1927)