Legal Opinion
Van Allen v. Town of Kinderhook
New York Supreme Court
Decided August 20, 1965PublishedCited by 8 opinions
1Opinion of the CourtR. Waldron Herzberg, J.
Plaintiffs bring this action in trespass to recover damages against the Town of Kinderhook and its Town Superintendent of Highways for destroying 18 wild cherry trees standing on land owned by plaintiffs and bounded by a town highway. Although the defendants admit the removal of these trees, they contend the laws of this State permitted them to do so under the circumstances without the consent or permission of the owners and without compensation.
On the 29th day of September, 1964, the defendant Bink, as Superintendent of Highways of defendant town, with the approval of the defendant town…
2Cases cited18 opinions
- Bissell v. . the New York Central R.R. CompanyNew York Court of Appeals · 1861
- Jackson ex dem. Yates v. HathawayNew York Supreme Court · 1818
- Hennessy v. . MurdockNew York Court of Appeals · 1893
- Walker v. . CaywoodNew York Court of Appeals · 1865
- Palmer v. . Larchmont Electric Co.New York Court of Appeals · 1899
13 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Desmond v. Town of Summit, New York County Courts1975
- Dutcher v. Town of ShandakenAppellate Division of the Supreme Court of the State of New York · 2005
- Usher v. MobbsNew York Supreme Court · 1985
- People v. Misevis, New York County Courts1988
- Flacke v. Town of FineNew York Supreme Court · 1982
3 more not listed; retrieve them via the Exa API.