Matter of Crane v. . Craig
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered November 12, 1920, which affirmed in part and reversed in part an order of Special Term granting a motion for a peremptory writ of mandamus to compel the comptroller of the city of New York to pay to the relator additional interest on an award made for the change in the grade of a street. The facts, so far as material, are stated in the opinion.
1Opinion of the CourtCrane, J.
This case has been here before (People ex rel. Crane v. Ormond, 221 N. Y. 283). We then held that the viaduct constructed at One Hundred and Fifty-fifth street and Eighth avenue was a change of grade within the meaning of section 873 of chapter 410 of the Laws of 1882 (New York Consolidation Act), and that it was the duty of the assessors to estimate the damages suffered by the abutting owners and to make an award therefor. One of these owners was George W. Sauer, who died intestate on March 8, 1905. Gertrude Crane,the applicant, was appointed and duly qualified as administratrix of his…
2Cases cited24 opinions
- Radcliff's Executors v. . Mayor, C. of BrooklynNew York Court of Appeals · 1850
- Sauer v. City of New YorkSupreme Court of the United States · 1907
- Stewart v. BarnesSupreme Court of the United States · 1894
- Sauer v. . City of New YorkNew York Court of Appeals · 1904
- People Ex Rel. Central Trust Co. v. PrendergastNew York Court of Appeals · 1911
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- In re BraicoAppellate Division of the Supreme Court of the State of New York · 1932
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