In the Matter of the Opening of Eleventh Avenue.

Summary

The New York Court of Appeals affirmed the order confirming the commissioners’ award for lands taken to open Eleventh Avenue. It held that the award was intended for all parties interested, including owners of perpetual easements, and must be apportioned between fee owners and easement owners. The Court resolved the title dispute, finding that Sarah Harris, as assignee, held the fee title and that the redemption proceeding was valid, rejecting John Dailey’s claim. The referee’s apportionment scheme was upheld.