Legal Opinion · Dissent
Bronxville Palmer v. State of New York
New York Court of Appeals
Decided December 30, 1966No. Claim 37145, 37146, 38219, 38220Published
1DissentVan Voorhis, J.
Appellant has filed a claim against the State of New York for compensation for trespass upon its real property on Palmer Avenue, Westchester County, in connection with the construction of the Sprain Brook Parkway in Yonkers. It is undisputed that in the erection of a bridge *567over this parkway piles were driven into the ground on claimant’s premises which entail damage to its apartment house.
The State seeks to escape from the obligation of the constitutional requirement that it pay just compensation by reason of an abortive lawsuit previously brought by this claimant against the general…
2Cases cited6 opinions
- Schuylkill Fuel Corp. v. B. & C. Nieberg Realty Corp.New York Court of Appeals · 1929
- Rudd v. . CornellNew York Court of Appeals · 1902
- Ripley v. StorerNew York Court of Appeals · 1956
- New York State Labor Relations Board v. Holland Laundry, Inc.New York Court of Appeals · 1945
- Springer v. . BienNew York Court of Appeals · 1891
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