McCabe v. . City of New York
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered February 15,1913, affirming a judgment in favor of plaintiffs entered upon a decision of the court on trial at Special Term.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered February 15,1913, affirming a judgment in favor of plaintiffs entered upon a decision of the court on trial at Special Term. May 20th, 1907, Hannah A. McCabe became the owner of a certain piece of land in Long Island City, borough of Queens, city of New York, situate on the northerly side of Thomson avenue,, having a frontage thereon of seventy-five feet, and a frontage on- Purvis avenue of one hundred feet. The property in question was and is vacant and unimproved. Hannah McCabe…
1Opinion of the CourtHogan, J.
It is the settled law by numerous decisions of this court that where the property of an abutting owner is damaged by reason of work of an improvement in a public street, pursuant to lawful authority, a change in the grade of said street does not constitute a taking of property within the meaning of the Constitution, and the abutter is without remedy unless provision therefor is made by statute.
Section 951 of the charter of the city of New York, (L. 1901, ch. 466) the only statute called to our attention, provides in substance:
“ * * * there shall be no liability to abutting owners for…
2Cases cited6 opinions
- The People v. . Simeon DraperNew York Court of Appeals · 1857
- Talcott v. . City of BuffaloNew York Court of Appeals · 1891
- People Ex Rel. Kemmler v. . DurstonNew York Court of Appeals · 1890
- Waterloo Woolen Manufacturing Co. v. ShanahanNew York Court of Appeals · 1891
- People Ex Rel. Hotchkiss v. Board of SupervisorsNew York Court of Appeals · 1875
1 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Matter of City of New York (Ely Avenue)New York Court of Appeals · 1916
- Bacon v. MillerNew York Court of Appeals · 1928
- McCann v. Iowa Mutual Liability InsuranceSupreme Court of Iowa · 1942
- In Re the Public Service CommissionNew York Court of Appeals · 1916
- Nappi v. La GuardiaNew York Supreme Court · 1944
22 more not listed; retrieve them via the Exa API.