In re Willcox
Appellate Division of the Supreme Court of the State of New York
Appeal by the Public Service Commission for the First District of the State of New York and another, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 26th day of July, 1913, confirming the report of commissioners of appraisal herein as to damage parcel No. 22.
1Opinion of the Court
Jenks, P. J.:
The Public Service Commission and the city of New York appeal from the appraisal and award of commissioners in condemnation of certain property taken for subway construction in the borough of Brooklyn. It is insisted, first, that there is error in the application of the rule of damages in that the com*199missioners failed to deduct from the owners’ award the damage which they found was sustained by their tenant. The rule itself is, I think, well settled in accord with the appellants’ contention. (Matter of City of New York [Delancey St.], 120 App. Div. 700; Matter of Daly, 29 id.…
2Cases cited12 opinions
- Jackson v. . State of New YorkNew York Court of Appeals · 1914
- Lewis v. . SmithNew York Court of Appeals · 1854
- Edmands v. City of BostonMassachusetts Supreme Judicial Court · 1871
- Suydam v. . JacksonNew York Court of Appeals · 1873
- Matter of City of New YorkNew York Court of Appeals · 1908
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3Cited by21 opinions
- United States v. General Motors Corp.Supreme Court of the United States · 1945
- City of Buffalo v. J. W. Clement Co.New York Court of Appeals · 1971
- Matter of City of New York (Allen St.)New York Court of Appeals · 1931
- Marraro v. State of New YorkNew York Court of Appeals · 1963
- Brooklyn Eastern Dist. Terminal v. City of New YorkCourt of Appeals for the Second Circuit · 1944
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