Konner v. . State of New York
New York Court of Appeals
Appeal from a judgment, entered March 5, 1915, upon an order of the Appellate Division of the Supreme Court in the third judicial department, reversing a judgment in favor of plaintiff entered upon an award of the Court of Claims and directing a dismissal of the claim. The facts, so far as material, are stated in the opinion.
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Appeal from a judgment, entered March 5, 1915, upon an order of the Appellate Division of the Supreme Court in the third judicial department, reversing a judgment in favor of plaintiff entered upon an award of the Court of Claims and directing a dismissal of the claim. The facts, so far as material, are stated in the opinion. The sections of the Code creating the Court of Claims gave that court sufficient authority to hear and determine this claim and was sufficient authority by the state to the Court of Claims to award the damages herein. (Quayle v. State, 192 N. Y. 47; Arnold v. State, 163…
1Opinion of the CourtChase, J.
In the year 1912 the claimant was the owner of a small tract of land in the village of Parksville, in the county of Sullivan. It was situated on the easterly side of a public highway. The surface of the ground sloped upward from the highway for a distance of eighty-five feet at an angle of about forty-five degrees. On such tract of land beyond such abrupt slope the claimant had" a house and barn. The Court of Claims found that “ There was a dry stone retaining wall about three feet in hieght along the base of said hill and claimant’s premises separated from the travelled portion of the…
2Cases cited5 opinions
- Kansas v. ColoradoSupreme Court of the United States · 1902
- Smith v. . State of New YorkNew York Court of Appeals · 1920
- Litchfield v. . BondNew York Court of Appeals · 1906
- Saratoga State Waters Corp. v. . PrattNew York Court of Appeals · 1920
- Konner v. StateAppellate Division of the Supreme Court of the State of New York · 1917
3Cited by14 opinions
- Murtha v. New York Homeopathic Medical College & Flower HospitalNew York Court of Appeals · 1920
- In re the Estate HerleNew York Surrogate's Court · 1937
- Murray v. StateAppellate Division of the Supreme Court of the State of New York · 1922
- Columbia Machine Works, Inc. v. Long Island RailroadAppellate Division of the Supreme Court of the State of New York · 1944
- Belott v. StateAppellate Division of the Supreme Court of the State of New York · 1966
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