Halpern v. Whittle

Lazansky, P. J., and Taylor, J. (dissenting).

In 1925, when the building in question was constructed, the established grade of Flatbush avenue in front of the premises was that shown by the map filed by the local board of the town of Gravesend in 1894. Concededly, the construction was not in conformity with that grade. Therefore, the petitioner had no right to damages because of the subsequent change of grade by the city of New York. (Greater New York Charter, § 951.) The partial paving of Flat-bush avenue in 1910, consisting of the improvement of a strip 4,263 feet long and 20 feet wide,…