Grosser v. . City of Rochester
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made January 18, 1893, which affirmed a judgment in favor of plaintiff entered upon the report of a referee. The nature of the action and the facts, so far as material, are stated in the opinion. Plaintiff was a party to the condemnation proceedings and cannot maintain this action.
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Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made January 18, 1893, which affirmed a judgment in favor of plaintiff entered upon the report of a referee. The nature of the action and the facts, so far as material, are stated in the opinion. Plaintiff was a party to the condemnation proceedings and cannot maintain this action. (Laws of 1882, chap. 120, § 19; Leavitt v. Cruger, 1 Paige Ch. 421; F., etc., Bank v. Gregory, 49 Barb. 155; Foot v. Lathrop, 53 Barb. 183, 185; Ferguson v. Smith, 2 Johns. Ch. 138; Eckerson v.…
1Opinion of the CourtHaight, J.
This action was brought to restrain the city of Rochester and its contractor from constructing a sewer across the plaintiff’s premises. The premises in question were conveyed to the plaintiff and her husband and are occupied by them as a residence. Under the deed they each became seized of an estate as tenants by the entirety. Prior to the commencement of this action the city of Rochester instituted proceedings to condemn a right of way for a sewer across the premises, but gave notice thereof to the plaintiff’s husband only. Such proceedings resulted in the making of an award to the husband,…
2Cases cited2 opinions
- Hiles v. . FisherNew York Court of Appeals · 1895
- Bertles v. . NunanNew York Court of Appeals · 1883
3Cited by17 opinions
- V.R.W., Inc. v. KleinNew York Court of Appeals · 1986
- Matter of Goodrich v. . Vil. of OtegoNew York Court of Appeals · 1915
- Secrist v. SecristAppellate Division of the Supreme Court of the State of New York · 1954
- Mastrofrancisco v. Mohawk Gas Co.Appellate Division of the Supreme Court of the State of New York · 1922
- MacFarland v. StateNew York Court of Claims · 1941
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