People Ex Rel. Hallock v. . Hennessy
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered November 17, 1911, which dismissed a writ of certiorari issued to review a determination by the board of assessors of the city of New York. David H. Valentine, a resident of the borough of Brooklyn, died on the 21st of December, 1910, intestate, and the relators are the administrators of his estate.
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Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered November 17, 1911, which dismissed a writ of certiorari issued to review a determination by the board of assessors of the city of New York. David H. Valentine, a resident of the borough of Brooklyn, died on the 21st of December, 1910, intestate, and the relators are the administrators of his estate. Por some years prior to his death he owned a parcel of land at the corner of Vernon avenue and Newtown creek, the part facing the latter being used as water-front property, and that…
1Opinion of the CourtVann, J.
The question presented by this appeal is whether the Appellate Division had power to review the amount of the award in. question. The award rests wholly on the act of 1905, because damages arising from a change of grade in a public highway cannot be recovered at common law. (Radcliff's Exrs. v. Mayor, etc., of Brooklyn, 4 N. Y. 195.) The legislature, however, has power to recognize claims founded on a moral obligation and it exercised the power in passing said act. (People ex rel. Central Trust Co. v. Prendergast, 202 N. Y. 188.) It did not make a gift to the landowners but acting upon the…
2Cases cited7 opinions
- Radcliff's Executors v. . Mayor, C. of BrooklynNew York Court of Appeals · 1850
- People Ex Rel. McAleer v. . FrenchNew York Court of Appeals · 1890
- People Ex Rel. Central Trust Co. v. PrendergastNew York Court of Appeals · 1911
- People Ex Rel. Heiser v. . GilonNew York Court of Appeals · 1890
- East v. . Brooklyn Heights R.R. Co.New York Court of Appeals · 1909
2 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- People Ex Rel. Uvalde Asphalt Paving Co. v. SeamanNew York Court of Appeals · 1916
- People Ex Rel. Crane v. . HahloNew York Court of Appeals · 1920
- People Ex Rel. Olin v. . HennessyNew York Court of Appeals · 1912
- People ex rel. City of New York v. HennessyAppellate Division of the Supreme Court of the State of New York · 1913
- People ex rel. Hallock v. HennessyAppellate Division of the Supreme Court of the State of New York · 1912
11 more not listed; retrieve them via the Exa API.