Legal Opinion · Dissent

Wolf v. Kriger

Appellate Division of the Supreme Court of the State of New York

Decided March 13, 1951Published

1DissentVan Voorhis, J.

Petitioner has been denied all damages for change of grade by raising the street level approximately three feet in front of his house, 8717 Stillwell Place,- Brooklyn, N. Y. The actual construction work was done in 1948 to conform to the grade on a map filed in 1929, before which the house was built. Damages have been disallowed upon the theory that in 1931 petitioner’s predecessor in title received $3,998 in a condemnation proceeding in full payment for the value of this structure. The condemnation award was in a proceeding to acquire additional land to widen the street. As a result, the…

2Cases cited5 opinions

  1. Clark v. . ScovillNew York Court of Appeals · 1910
  2. People Ex Rel. Village of Chateaugay v. Public Service CommissionNew York Court of Appeals · 1931
  3. Marine Transit Corp. v. SwitzerLand General InsuranceNew York Court of Appeals · 1933
  4. Goldsmid v. Lewis County BankNew York Supreme Court · 1849
  5. Lewis v. South Shore Co-operative Ass'nAppellate Division of the Supreme Court of the State of New York · 1924

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