St. Peter's Italian Church Syracuse v. State
Appellate Division of the Supreme Court of the State of New York
1Per curiam
The claimant’s property is located at the southeast comer of Burnet avenue and State street, in the city of Syra*97cuse, N. Y. It seeks to recover damages for the loss of light, air and access, caused by the elevation above grade of the tracks of the New York Central and West Shore Railroads.
When lands abut upon a public street there is appurtenant to such lands an easement of light, air and access over the public street. The owner of the lands may not be deprived of such easement without compensation. (Harrison v. N. Y. C. R. R. Co., 255 App. Div. 183, 189; affd., 281 N. Y. 653.)
When lands…
2Cases cited9 opinions
- Lahr v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1887
- Harrison v. New York Central RailroadAppellate Division of the Supreme Court of the State of New York · 1938
- Caldwell and Ward Brass Company v. StateNew York Court of Appeals · 1938
- Harrison v. New York Central Railroad CompanyNew York Court of Appeals · 1939
- Caldwell & Ward Brass Co. v. StateAppellate Division of the Supreme Court of the State of New York · 1937
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3Cited by6 opinions
- Regan v. LanzeNew York Court of Appeals · 1976
- Matter of Shapiro v. TorresAppellate Division of the Supreme Court of the State of New York · 2017
- Katonah Lumber, Coal & Feed Co. v. StateNew York Court of Claims · 1949
- Syracuse Grade Crossing Commission v. M. A. Wellin Oil Co.Appellate Division of the Supreme Court of the State of New York · 1944
- Civitano v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1970
1 more not listed; retrieve them via the Exa API.