In Re Whitmore v. . Vil. of Tarrytown
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Oourt in the second judicial department, entered upon an order made January 5, 1892, which affirmed a judgment in favor of the petitioner, entered upon an order of Special Term, confirming report of commissioners and affirmed an order of Special Term appointing such commissioners.
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Appeal from judgment of the General Term of the Supreme Oourt in the second judicial department, entered upon an order made January 5, 1892, which affirmed a judgment in favor of the petitioner, entered upon an order of Special Term, confirming report of commissioners and affirmed an order of Special Term appointing such commissioners. This proceeding was instituted by Rosalia Whitmore, the petitioner, to appraise the damages sustained by her in con-' sequence of an alleged change of grade of one of defendant’s streets. In 1890 Rosalia Whitmore owned certain real estate on Benedict avenue, in…
1Opinion of the CourtEarl, J.
It is provided in section 1 of chapter 113 of the Laws of 1883, under which this proceeding was instituted, that “ whenever the grade of any street, highway or bridge in any incorporated village in this state shall be changed or altered, so as to interfere in any maimer with any building or buildings situate thereon, or adjacent thereto, or the use thereof, or shall injure or damage the real property adjoining such highway so changed or altered, the owner or owners of such building or real estate may apply to the Supreme Court in the judicial district in which such property is situated for…
2Cited by17 opinions
- Matter of HeinsheimerNew York Court of Appeals · 1915
- Matter of Torge v. . Vil. of SalamancaNew York Court of Appeals · 1903
- Williams v. StateAppellate Division of the Supreme Court of the State of New York · 1970
- Comesky v. . Village of SuffernNew York Court of Appeals · 1904
- Coalter v. Salt Lake CityUtah Supreme Court · 1912
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