Legal Opinion
Gardiner Manufacturing Co. v. State
Appellate Division of the Supreme Court of the State of New York
Decided July 6, 1973No. Claim No. 51090Published
1Opinion of the Court
— Order unanimously affirmed, without costs. Memorandum: In 1911 the State of New York eliminated the grade crossing of Van Rensselaer Street (a city street) over the tracks of the ErieLackawanna Railroad in the City of Buffalo by constructing an overpass. Thereafter claimant) an adjoining owner, constructed a building abutting the overpass in such manner that its main customer entrance was from the Van Rensselaer Viaduct into its second floor offices. Upon the petition of the City of Buffalo the Public Service Commission in 1965 ordered the demolition of this Van Rensselaer Street overpass…
2Cases cited5 opinions
- Condon v. Associated Hospital ServiceNew York Court of Appeals · 1942
- Niagara Falls Power Co. v. WhiteNew York Court of Appeals · 1944
- McHarg v. EastmanThe Superior Court of New York City · 1867
- In Re the Elimination of Grade Crossings of the New York Central RailroadNew York Court of Appeals · 1948
- Matter of Grade Crossing (L. Vy. R.R. Co.)New York Court of Appeals · 1934