Counihan v. State

This case is novel insofar as the suit arises out of an appropriation by the State of New York for right of way for the Thruway. But the facts — the physical changes wrought in a city street upon which claimant’s dwelling house and the land upon which it rests and abuts — are reminiscent of the mass of litigation which had its source in the several railroad grade crossing acts beginning 30 years ago and the principles to be applied here are well established, there having been full discussion of them in the several reports hereinafter cited. There is no need for further exploration. We shall…