Legal Opinion · Dissent

Matter of City of N.Y. (Newtown Creek)

New York Court of Appeals

Decided December 31, 1940Published

1DissentConway, J.

The improvement in this instance was a bulkhead. It retained the filled-in land constituting the damage parcel. It was not only a proper and adequate improvement but a necessary one. There was only one expert called by either claimant or the city who had any knowledge or experience with respect to bulkheads. He was called by claimant and testified to the reconstruction cost, less depreciation, of the bulkhead taken in the proceeding and the cost of building a necessary substitute to retain the land of claimant which remained after the taking. That testimony was admissible (Matter of City of…

2Cases cited4 opinions

  1. In Re Acquiring Title by City of New YorkNew York Court of Appeals · 1910
  2. Matter of City of New York (Fourth Ave.)New York Court of Appeals · 1930
  3. Matter of ThompsonNew York Court of Appeals · 1890
  4. In re City of New YorkNew York Supreme Court · 1910

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