Stenson v. City of Mount Vernon
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the City of Mount Vernon, from a judgment of the County Court of Westchester county in favor of the plaintiff, entered in the office of the clerk of the county of Westchester on the 11th day of April, 1904, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 12th day of April, 1904, denying the defendant’s motion for a new trial made uponthe minutes.
1Opinion of the Court
Hirschberg, P. J.:
The plaintiff has recovered damages as an abutting owner because of an alleged unlawful change by the defendant of the grade of the street known as South Eighth avenue, in the city of Mount Vernon. The plaintiff’s property is one hundred feet front between Fourth and Fifth streets, and has a small two-story frame house upon it. The. lot is a low one. If the acts of the defendant amounted to a change of the grade of the street it seems to be conceded that they were unlawful under the provisions of the city charter, and that they consequently subjected the defendant to…
2Cases cited2 opinions
- Folmsbee v. . City of AmsterdamNew York Court of Appeals · 1894
- Farrington v. . City of Mount VernonNew York Court of Appeals · 1901
3Cited by7 opinions
- Williams v. StateAppellate Division of the Supreme Court of the State of New York · 1970
- Hunt v. Village of OtegoAppellate Division of the Supreme Court of the State of New York · 1914
- Opladen v. Town of IslipNew York Supreme Court · 1939
- Scott v. McClungNew York Supreme Court · 1912
- In re KrugerAppellate Division of the Supreme Court of the State of New York · 1954
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