Claim of Lawton v. City of New Rochelle
Appellate Division of the Supreme Court of the State of New York
Appeal by The City of Mew Rochelle from a judgment and order of the Supreme Court in favor of the claimant, entered in the office of the clerk of the county of Westchester on the 'Tth day of July, 1906, upon the decision of the court rendered after a trial at the Westchester Special Term, and also from an order entered in said clerk’s office pn the 18th day of February, 1905.
1Opinion of the Court
Miller, J.:
This is an appeal from a judgment appointing commissioners, rendered in a proceeding instituted pursuant'to chapter 113 of the Laws of 1883, as amended by chapter 281 of the Laws of 1884,* to determine the damages to which the petitioner is entitled by reason of a change in the grade of a street of the appellant made in 1904. The appellant, The City of JSTew Rochelle, was created by chapter 128 of the Laws of 1899, and by that act it was provided that the corporation known as the Village of Mew Rochelle should be dissolved (§ 254 †). The respondent claims the right to maintain…
2Cases cited7 opinions
- Meriwether v. GarrettSupreme Court of the United States · 1880
- Radcliff's Executors v. . Mayor, C. of BrooklynNew York Court of Appeals · 1850
- Muhlker v. New York & Harlem RailroadSupreme Court of the United States · 1905
- MacMullen v. . City of MiddletownNew York Court of Appeals · 1907
- Matter of Torge v. . Vil. of SalamancaNew York Court of Appeals · 1903
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3Cited by1 opinion
- Groner v. Lakeview Management Corp.Civil Court of the City of New York · 1975