The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-03-09

OF the Commi sstOner's Report for Con-
firmation-Its Confirmation by Judge
Fancher-Amount OF the Awards and
Assessments.
Before Judge Fancher.
At length 1t would seem, that hnaty has been
reached In the matter oftne Madison avenue extern
sion, which, as is well known, has been hanging by
the eyelds in the courts for the past four years The
avenue was ordered some time previous to this, to
be opened from 124th street to Harlem River, and,
this matter settled Messrs. Gratz Nathan. Charles
Place and }. N. Fowler were appointed Com
missioners of Assessments and Awards. The
Commissioners have finally completed their report
confirmation before Judge Fancher, at Supreme
Court Chambers. AS 1t was known that the report
a large attendance in the court room OF property
owners and others interested in the matter
Mr. Andrews, Assistant Corporation Counsel,
moved that the report be confirmed. He spoke OF
the intelligence OF the Commission and the time
ana care they mad given to Its preparation, and
insisted that Its confirmation would accord with
the general wishes OF nearly all the private
property owners, as well as the city, interested in
OF awards is $7O3 ooo one-half OF which is assessed
against the city and the other half upon the
owners OF property benefited by the Improvement.
After cutting down the surveyors bill from
$4,000 to $1,000, Mr.. Williams desired delay in the
matter. urging that there was question OF grave
doubt as to the equitability and legality OF the
awards and assessments. He insisted that the
principle OF the assessment required careful exam
represented
owning property between l2Oth and I24th streets.
who had been assessed for the opening OF the ave.
nue. above and below those streets They were, he
said, between two millstones and ground to
powder. He had only been retained In the case
the evening previously and hence had not had time
TO give the subject that examination its merits de-
manded.
Mr. John G. Shaw, who said that he represented
various property owners asked an Immediate con
nrmatlon OF the report He insisted that the uues-
tioh OF amounts or awards and assessments had
been entrusted to the Commissioners; that they
no fhafr
the Court. -
Mr. Abram r. Lawrence said shat he represented
large number OF the property owners all OF
whom were anxious to have the report confirmed.
ne considered the request TO adjourn the matter as
maue uhuer tne circumstances, was supremey
ridiculous, as 10 had been known since the 2sth OF
,ast November mat the report was to be presented
II parties had delayed till now to procure counsel
that was no reason why the whole matter should
be delayed.
Mr.. William b. Asten, a property owner. stated
that nearly all the property owners as far as he
knew, were anxious to have the vote confirmed as
presented. He protested against any delay as the
value OF the property was greatly affected thereby
and as no one could either sell or buy.
After some further remarks the Judge ordered
the report TO be confirmed.
Decisions.
BY Judge Harden.
Marine National Bank VS.. William j. Schdel.--
Motion denied, with s. costs.
Babcock Fire Extinguisher Company vs. Bates
Motion granted on the defendant fling a stipula-
ton not TO sue, and with $40 costs.
Albert Urbahn vs.. Rudolf Beach et al.-Motion
denied. without costs and without prejudice to
renewal OF IL on further alldavits.
Mattlage vs.. kaufman ct al.-MOtion TO vacate
order for examination denied and examination
may take place at Chambers On three days notice.
Goodyear VS.. Goodyear--So much OF the injunc-
ton as Restraints the defendant from receiving any
share OF the estate until the further order or the
court IL continued the other parts are dissolved
with $40 costs, to abide event.
Westervelt VS.. Achley.-Metion granted upon pay.
meht OF $40 costs, and on conditions, &c.
BY Judge Fancher.
American National Bank vs.. Wcstervelt ct al.