General
In the Matter of the Petition of the City of Amsterdam, Respondent, to Widen, Alter and Straighten a Part of Bridge Street, in the City of Amsterdam, N. Y., v. W. N. Carpenter Co., Appellant
170 A.D. 938·New York Supreme Court, Appellate Division·1915·NY
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Opinion
Third Department,
September, 1915.
In the Matter of the Petition of the City of Amsterdam, Respondent, to Widen, Alter and Straighten a Part of Bridge Street, in the City of Amsterdam, N. Y., v. W. N. Carpenter Co., Appellant.
Appeal from a final order of the Supreme Court in a condemnation proceeding, entered in the Montgomery county clerk’s office on the 34th day of November, 1914, disapproving and disaffirming an award of $500 to appellant as owner of the bed of the Mohawk river to the thread of the stream adjacent to the uplands described in the petition and condemned.
[MAJORITY — Per Curiam:]
Per Curiam:
Practically the same question "which is presented by this appeal has been considered and decided by us in Danes v. State of New York (169 App. Div. 443), and the opinion in that case is being handed down at this time. Therefore, in this matter, the order, so far as appealed from, is reversed on the opinion in Danes v. State of New York (supra). And the award of $500 made by the Commission to the landowner for his rights in the bed of the Mohawk river is reinstated. All concurred, except Smith, P. J., and Lyon, J., dissenting. Order affirmed, with costs.