Legal Opinion

In re the Superintendent of Highways of Frankfort

New York County Courts

Decided November 18, 1948PublishedCited by 3 opinions

1Opinion of the CourtPeterson, J.

This is an application under section 179 of the Highway Law to modify or in the alternative to vacate and set aside an award of the condemnation commissioners in this proceeding.

The respondent, Utica Transit Corporation, submits that the award of $3,712.50 made to said corporation is inadequate to compensate respondent for the fair value of said property, and that an improper and unlawful measure of damages was used in appraising this property. The Town of Frankfort submits that the findings of the commissioners should be confirmed.

The property sought to be acquired from the respondent by the…

2Cases cited17 opinions

  1. Boom Co. v. PattersonSupreme Court of the United States · 1879
  2. Williams v. McMillanOhio Supreme Court · 1849
  3. Banner Milling Co. v. State of New YorkNew York Court of Appeals · 1925
  4. In the Matter, Etc., Village of MiddletownNew York Court of Appeals · 1880
  5. Sparkill Realty Corp. v. StateAppellate Division of the Supreme Court of the State of New York · 1938

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3Cited by3 opinions

  1. In re the City of New YorkAppellate Division of the Supreme Court of the State of New York · 1952
  2. Fonda v. StateAppellate Division of the Supreme Court of the State of New York · 1968
  3. Connolly v. StateNew York Court of Claims · 1950

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