In Re Acquiring Title by City of New York
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered June 25, 1909, which affirmed an order of Special Term confirming the report of commissioners of estimate and appraisal in the above-entitled proceeding. The facts, so far as material, are stated in the opinion.
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Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered June 25, 1909, which affirmed an order of Special Term confirming the report of commissioners of estimate and appraisal in the above-entitled proceeding. The facts, so far as material, are stated in the opinion. The exclusion by the commissioners of the evidence of structural cost of the improvements upon the premises acquired by the city of Mew York constituted reversible error. (People ex rel. C. G. Co. v. Wells, 54 Misc. Rep. 322; 126 App. Div. 944; 193 N. Y. 614; People ex rel.…
1Opinion of the CourtWerner, J.
A single question is presented by this appeal, and that is whether an owner whose lands are taken in invitum may give evidence as to the structural value of buildings thereon, for the purpose of establishing his total damages. This question, although extremely simple in theory, has proven difficult of practical application to the multiform circumstances in which it arises, and it is, therefore, not strange that the courts have at various times given divergent decisions upon it. In the case at bar the city of Mew York instituted proceedings to acquire certain lands needed for the approaches to…
2Cases cited8 opinions
- Village of St. Johnsville v. . SmithNew York Court of Appeals · 1906
- In re City of New YorkAppellate Division of the Supreme Court of the State of New York · 1907
- People ex rel. Powers v. KalbfleischAppellate Division of the Supreme Court of the State of New York · 1898
- People ex rel. New York Clearing House Building Co. v. BarkerAppellate Division of the Supreme Court of the State of New York · 1898
- Matter of SimmonsNew York Court of Appeals · 1909
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3Cited by89 opinions
- United States v. Becktold Co.Court of Appeals for the Eighth Circuit · 1942
- In re City of RochesterAppellate Division of the Supreme Court of the State of New York · 1932
- State v. PetersonMontana Supreme Court · 1958
- Union Electric Light & Power Co. v. Snyder Estate Co.Court of Appeals for the Eighth Circuit · 1933
- Sparkill Realty Corp. v. StateAppellate Division of the Supreme Court of the State of New York · 1938
84 more not listed; retrieve them via the Exa API.