In the Matter of the Application of the City of New York, Appellant and Respondent, Relative to Acquiring Title to…

Summary

The New York Court of Appeals examined whether private maps filed during a condemnation proceeding created implied easements that reduced owners' entitlement to compensation for the widening of Old Broadway into Northern Boulevard, and whether purchasers of lots were deemed to have covenanted to keep the boulevard private. It held that provisional maps do not create such easements and therefore do not bar full compensation, while final maps do create easements that require a reduction of the awards. The court reversed the lower‑court awards for the listed parcels, remanded for a new trial, and dismissed the claim for parcel 199L due to a missing statutory undertaking.