Legal Opinion
Holmes v. State
Appellate Division of the Supreme Court of the State of New York
Decided July 2, 1953No. Claim No. 29801PublishedCited by 20 opinions
1Opinion of the CourtCoon, J.
In connection with a grade crossing elimination project in the village of Owego, N. Y., the State permanently closed a street leading in the most accessible manner to claimants’ feed mill. The State also appropriated a small parcel of claimants’ land for which compensation has previously been allowed by the Court of Claims. This appeal involves only consequential damage from loss of business because of the difficulty of access.
When a street is closed, if suitable means of access is not left to an owner of property, he is entitled to damages caused by the closing. (Egerer v. New York Central &…
2Cases cited3 opinions
- Holmes v. StateAppellate Division of the Supreme Court of the State of New York · 1952
- Egerer v. New York Central & Hudson River R. R.New York Court of Appeals · 1891
- Holmes v. StateNew York Court of Claims · 1951
3Cited by20 opinions
- Gengarelly v. Glen Cove Urban Renewal AgencyAppellate Division of the Supreme Court of the State of New York · 1979
- Wernberg v. StateAlaska Supreme Court · 1973
- Merritt Manor Estates, Inc. v. Village of ElmsfordNew York Supreme Court · 1961
- Slepian v. StateNew York Court of Claims · 1965
- Red Apple Rest, Inc. v. StateNew York Court of Claims · 1965
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