Comesky v. . Village of Suffern
New York Court of Appeals
Appeal from a judgment, entered May 7, 1903, upon an order of the Appellate Division of the Supreme Court in the second judicial department, which affirmed an order of Special Term confirming the report of commissioners appointed to appraise the damages alleged to have been sustained by reason of a change of grade, and which also brought up for review the original order appointing such commissioners. The facts, so far as material, are stated in the opinion.
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Appeal from a judgment, entered May 7, 1903, upon an order of the Appellate Division of the Supreme Court in the second judicial department, which affirmed an order of Special Term confirming the report of commissioners appointed to appraise the damages alleged to have been sustained by reason of a change of grade, and which also brought up for review the original order appointing such commissioners. The facts, so far as material, are stated in the opinion. The order appointing commissioners was void for want of jurisdiction. (Matter of Greer, 39 App. Div. 22; Matter of Bissell, 57 App. Div.…
1Opinion of the CourtMartin, J.
Independently of the Tillage Laiv (Laws 1897, ch. 414, § 159) the respondent possessed no right to recover damages caused by the change of grade complained-of. There was no encroachment upon or actual interference with his premises, and the improvement ivas made for the benefit of the public and in a proper manner. Under these circumstances, in the absence of any statute providing for compensation, remote or consequential damages arising from the change of grade could not be recovered. (Radcliff’s Exrs. v. Mayor, etc., of Brooklyn, 4 N. Y. 195; Fries v. N. Y. & H. R. R. Co., 169 N. Y. 282,…
2Cases cited8 opinions
- Galpin v. PageSupreme Court of the United States · 1874
- Radcliff's Executors v. . Mayor, C. of BrooklynNew York Court of Appeals · 1850
- Warren v. . Union Bank of RochesterNew York Court of Appeals · 1898
- In Re Whitmore v. . Vil. of TarrytownNew York Court of Appeals · 1893
- Farrington v. . City of Mount VernonNew York Court of Appeals · 1901
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3Cited by8 opinions
- State Ex Rel. Peterson v. BentleySupreme Court of Minnesota · 1943
- Williams v. StateAppellate Division of the Supreme Court of the State of New York · 1970
- In re IvesAppellate Division of the Supreme Court of the State of New York · 1913
- In re the Appointment of Commissioners to Determine Compensation to be Given to YoukerAppellate Division of the Supreme Court of the State of New York · 1926
- In re KrugerAppellate Division of the Supreme Court of the State of New York · 1954
3 more not listed; retrieve them via the Exa API.