County of Orange v. Storm King Stone Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Storm King Stone Company and another, from a judgment or order of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Orange on the 27th day of March, 1917, upon the decision of the court after a trial before the court without a jury at the Rockland Special Term.
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Appeal by the defendants, Storm King Stone Company and another, from a judgment or order of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Orange on the 27th day of March, 1917, upon the decision of the court after a trial before the court without a jury at the Rockland Special Term. The judgment or order decreed the condemnation of certain land belonging to the defendants for the purpose of constructing a State highway along the face of Storm King Mountain, and appointed commissioners of appraisal. The right of way for such a road had been…
1Opinion of the Court
Putnam, J.:
The provisions of the General Condemnation Law (Code Civ. Proc. chap. 23, tit. 1) supplement statutes to acquire land for highways. (County of Orange v. Ellsworth, 98 App. Div. 275,280.) The Condemnation Law does not allow appeals from interlocutory judgments, and such is this judgment appointing commissioners. (Erie R. R. Co. v. Steward, 59 App. Div. 187; Village of St. Johnsville v. Smith, 61 id. 380; Stillwater, etc., R. Co. v. B. & M. R. R., 67 id. 367.)
The only ground to review such an order by a separate appeal before the commission should report, would be where it plainly…
2Cases cited3 opinions
- County of Orange v. EllsworthAppellate Division of the Supreme Court of the State of New York · 1904
- Erie Railroad v. StewardAppellate Division of the Supreme Court of the State of New York · 1901
- In re City of RochesterAppellate Division of the Supreme Court of the State of New York · 1905
3Cited by2 opinions
- County of Dutchess v. CaryAppellate Division of the Supreme Court of the State of New York · 1954
- In re the Superintendent of Highways of the Town of Frankfort Relative to Acquiring Lands for Laying Out a Highway in Such Town, New York County Courts1949