In re the City of New York
Appellate Division of the Supreme Court of the State of New York
Appeal by Raniel J. Rooney and others from a portion of an order of the Supreme Court, made at the Westchester Special Term and entered in the office of the clerk of the county of Westchester on the 7th day of April, 1908, denying a motion to confirm the award and report of commissioners of appraisal herein as to two parcels of land and directing a new hearing before other commissioners.
1Opinion of the Court
Rich, J.:
Upon the hearing the commissioners permitted evidence to be given over respondent’s objection and exception by an expert architect, one Waite, of the structural value or cost of reproduction of *712the buildings upon the land. This does not require a reversal of the awards if they are supported by other competent evidence, and the incompetent evidence is not shown affirmatively to have led the commissioners to adopt erroneous principles in reaching their conclusions. (Matter of Daly v. Smith, 18 App. Div. 194; Village of Port Henry v. Kidder, 39 id. 640; Harlem River & P. R. R. Co. v.…
2Cases cited3 opinions
- Daly v. SmithAppellate Division of the Supreme Court of the State of New York · 1897
- In re Brooklyn Union Elevated RailroadAppellate Division of the Supreme Court of the State of New York · 1906
- Matter of Grade Crossing Commissioners, City of BuffaloNew York Court of Appeals · 1900
3Cited by3 opinions
- In re HuieNew York Court of Appeals · 1956
- People ex rel. City of New York v. StillingsAppellate Division of the Supreme Court of the State of New York · 1910
- In re City of New YorkAppellate Division of the Supreme Court of the State of New York · 1909