Legal Opinion

People Ex Rel. Weiser v. . Tucker

New York Court of Appeals

Decided January 30, 1917PublishedCited by 2 opinions

Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered December 15, 1916, which affirmed an order of Special Term denying a motion for a peremptory writ of mandamus to compel the board of assessors of the city of New York to estimate the damages occasioned to real property of relator by reason of a change of grade. The claim was duly presented to the board and evidence was offered in support of it.

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Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered December 15, 1916, which affirmed an order of Special Term denying a motion for a peremptory writ of mandamus to compel the board of assessors of the city of New York to estimate the damages occasioned to real property of relator by reason of a change of grade. The claim was duly presented to the board and evidence was offered in support of it. After consideration the board dismissed the claim on the expressed ground that it is “ not within the provisions of section 951 of the Greater…

1Opinion of the Court

Order affirmed, with costs; no opinion.

Concur: Hiscooic, Ch. J., Chase, Collin, Cuddeback, Hogan, Cardozo and Pound, JJ.

2Cited by2 opinions

  1. People ex rel. Architects' Offices, Inc. v. OrmondAppellate Division of the Supreme Court of the State of New York · 1922
  2. Lawrence Constr. Corp. v. State of New YorkNew York Court of Appeals · 1944

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