Appellate Division of the Supreme Court of New York, 1930

In re Acquiring Title by the County of Nassau to an Easement in Perpetuity for Parkway Purposes

In re Acquiring Title by the County of Nassau to an Easement in Perpetuity for Parkway Purposes
Appellate Division of the Supreme Court of New York · Decided December 15, 1930
231 A.D. 870
In re Acquiring Title by the County of Nassau to an Easement in Perpetuity for Parkway Purposes

Opinion of the Court

Order of the County Court of Nassau county setting aside report of commissioners affirmed, with costs. In addition to the views of the learned ■ county judge, we are of opinion that the admission of the contract in evidence was error, and that it was also error to admit the testimony of the assessed value which was levied by a municipality not a party to the proceeding. Lazansky, P. J., Young and Kapper, JJ., concur; Hagarty and Tompkins, JJ., dissent and vote to reverse and to confirm the award.

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