Mayer v. . City of New York
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered July 1, 1908, affirming a judgment in favor of plaintiff entered upon a decision of the court at a Trial Term, a jury having been waived. This action was brought to recover damages alleged to have been sustained by reason of an illegal change of grade of a certain street in the former village of Edgewater, now borough of Richmond, city of Mew York.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered July 1, 1908, affirming a judgment in favor of plaintiff entered upon a decision of the court at a Trial Term, a jury having been waived. This action was brought to recover damages alleged to have been sustained by reason of an illegal change of grade of a certain street in the former village of Edgewater, now borough of Richmond, city of Mew York. The facts, so far as material, are stated in the opinion. The facts found do not support the conclusion of law drawn by the trial judge…
1Opinion of the CourtHaight, J.
This case was submitted in connection with that of Triest v. City of New York (193 N. Y. 525), in which we have written an opinion reaching the conclusion that the judgment in that case should be reversed, but in this case the findings are very different. The plaintiff’s premises were located on Gatlin avenue-, which was found not only to be a public street and highway, but that there had been a grade established by user, and that the plaintiff had constructed three buildings abutting upon the avenue, conforming to such grade before the change of grade of 1897 was made. It appears that in…
2Cases cited1 opinion
- Triest v. . City of New YorkNew York Court of Appeals · 1908