In re Comesky
Appellate Division of the Supreme Court of the State of New York
Appeal by the Village of Suffern from an order of the Supreme Court, made at the Rockland Special Term and entered in the office of the clerk of the county of Rockland on the 2d day of July, 1901, confirming the report of commissioners appointed to appraise the damages alleged to have been sustained by the petitioner by reason of a change of grade,' with notice of an intention to bring up fox-review upon such appeal axx ox-der beax-ing date the 18tlx day of March, 1899, and…
Read the full summary
Appeal by the Village of Suffern from an order of the Supreme Court, made at the Rockland Special Term and entered in the office of the clerk of the county of Rockland on the 2d day of July, 1901, confirming the report of commissioners appointed to appraise the damages alleged to have been sustained by the petitioner by reason of a change of grade,' with notice of an intention to bring up fox-review upon such appeal axx ox-der beax-ing date the 18tlx day of March, 1899, and entered in said clerk’s office, appointing said commissionei's.
1Opinion of the Court
Woodward, J..:
The notice of appeal in this case gives notice that the appellant will bring up for x-eview the original order appointing the commis*138Burners, so that, it seems the whole proceeding is here for review. Section 159 of the Village Law (Laws of 1897, chap. 414) provides that where a village has exclusive control and jurisdiction of a street or bridge therein it may change the grade thereof, and that if the •change shall injuriously affect any building or land adjacent thereto, or the use thereof, the change of grade to the extent of the damage resulting therefrom, shall be deemed the…
2Cases cited10 opinions
- The HarrisburgSupreme Court of the United States · 1886
- Wynehamer v. . the PeopleNew York Court of Appeals · 1856
- Hill v. Board of SupervisorsNew York Court of Appeals · 1890
- Wooden v. West. N. Y. & Penn. RailroadNew York Court of Appeals · 1891
- Kiefer v. Grand Trunk Railway Co.Appellate Division of the Supreme Court of the State of New York · 1896
5 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- In re BorupAppellate Division of the Supreme Court of the State of New York · 1905
- Nicholoy v. Village of NewarkNew York Supreme Court · 1911