Comesky v. Village of Suffern
Appellate Division of the Supreme Court of the State of New York
Appeal from Special Term. Petition by Frank Comesky against the village of Suffern and others for appointment of commissioners to- appraise damages sustained by plaintiff by a change of street grade. From an order confirming the report of the commissioners, defendants appeal.
1Opinion of the CourtWoodward, J.
The notice of appeal in this case gives notice that the appellants will bring up for -review the original order appointing the commissioners, so that it seems the whole proceeding is here for review. Section 159 of the village law (chapter 414, p. 420-, Laws 1897) provides that, where a village has exclusive control and jurisdiction of a street or bridge therein, it may change the grade thereof, .and that if the change shall injuriously affect any building or land adjacent thereto-, or the use thereof, the change of grade, to the extent of the damage resulting therefrom, shall be deemed the…
2Cases cited12 opinions
- The HarrisburgSupreme Court of the United States · 1886
- Wynehamer v. . the PeopleNew York Court of Appeals · 1856
- Hill v. Board of SupervisorsNew York Court of Appeals · 1890
- Wooden v. West. N. Y. & Penn. RailroadNew York Court of Appeals · 1891
- Kiefer v. Grand Trunk Railway Co.Appellate Division of the Supreme Court of the State of New York · 1896
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3Cited by1 opinion
- Nicholoy v. Village of NewarkNew York Supreme Court · 1911