Appellate Division of the Supreme Court of New York, 1931

In re the City of New York

In re the City of New York
Appellate Division of the Supreme Court of New York · Decided June 15, 1931
236 A.D. 700
In re the City of New York

Opinion of the Court

Order unanimously affirmed, with costs. We agree with the learned Special Term that *701the commissioners were bound by the condemnation map and were without power to determine its correctness and ñx a valuation upon the property upon the theory that the claimants had access to the lake or that the parcels acquired included any portion of the cottage. We also agree that the award made by the commissioners, based upon the correct theory of claimants’ non-access to the lake, is grossly excessive. Present — Lazansky, P. J., Young, Kapper, Scudder and Tompkins, JJ.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.