Legal Opinion
In re the Appointment of Commissioners to Determine Compensation to be Given to Youker
Appellate Division of the Supreme Court of the State of New York
Decided July 2, 1926PublishedCited by 3 opinions
1Opinion of the CourtHinman, J.
This is a case of damages for change of grade of a village street, injuriously affecting the abutting premises belonging to the claimant. (Village Law, § 159.) Subdivision 1 of that section provides in part as follows:
“ § 159. Changing grade of street or bridge. 1. If a village has exclusive control and jurisdiction of a street or bridge therein, it may change the grade thereof. If such change of grade shall injuriously affect any building or land adjacent thereto, or the use thereof, the change of grade, to the extent of the damage resulting therefrom, shall be deemed the taking of such…
2Cases cited7 opinions
- Hunt v. . HuntNew York Court of Appeals · 1878
- The People v. . SturtevantNew York Court of Appeals · 1853
- Matter of Petition of N.Y., L. W.R.R. Co.New York Court of Appeals · 1885
- Levy v. Delaware, Lackawanna & Western RailroadAppellate Division of the Supreme Court of the State of New York · 1925
- Horan v. . HastorfNew York Court of Appeals · 1918
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3Cited by3 opinions
- Rubin & Rothman v. McNelisAppellate Division of the Supreme Court of the State of New York · 1987
- Beauregard v. Millwood-BeauregardAppellate Division of the Supreme Court of the State of New York · 1994
- Oliver v. OliverAppellate Division of the Supreme Court of the State of New York · 1938