In re Gilroy
Appellate Division of the Supreme Court of the State of New York
Appeal from special term, Westchester county. Petition of Thomas F. Gilroy, commissioner of public works, under Laws 1883, c. 490, and laws amendatory thereof, on behalf of the mayor, aldermen, and commonalty of the city of New York, for the appointment of commissioners of appraisal. From an order confirming the report of the commissioners, condemning certain land, William F. Lyon and another appeal.
1Opinion of the CourtCullen, J.
It has been so often held that an award of commissioners of appraisal will not be set aside as inadequate, unless the inadequacy is so palpable as to shock the sense of justice, that it is unnecessary to reiterate the rule or recite authorities for its, support. The present case is not of that character, and, unless the commissioners erred in the principle on which they made their determination, their report must stand.
The whole premises of the appellants were taken. The sole question, therefore, presented to the commissioners for determination, was the market value of the property. The…
2Cases cited4 opinions
- Edmands v. City of BostonMassachusetts Supreme Judicial Court · 1871
- Masterton v. . Village of Mount VernonNew York Court of Appeals · 1874
- Cobb v. City of BostonMassachusetts Supreme Judicial Court · 1872
- Newton v. ArmstrongNew York Supreme Court · 1892
3Cited by3 opinions
- Foley Bros. Dry Goods Co. v. SettegastCourt of Appeals of Texas · 1939
- In re DalyAppellate Division of the Supreme Court of the State of New York · 1899
- New York Telephone Co. v. StateAppellate Division of the Supreme Court of the State of New York · 1915