Cook v. State

Ryan, J. (concurring).

It has been held that where the State, in eliminating a grade crossing, changes the grade of a street in New York city it must respond in damages to an abutting owner whose property has been injured because section 951 of the Greater New York Charter supplies a liability already existing in law which the State has assumed by section 7 of chapter 677 of the Laws of 1928 (the New York city act). (Mirro v. State of New York, 285 N. Y. 678, affg. 260 App. Div. 525, affg. 172 Misc. 963.)

It has been held that the liability for damages for change of grade imposed upon cities by…