In re Rogers
Appellate Division of the Supreme Court of the State of New York
Appeal by the Village of Cato from an order of the Supreme Court, made at the Seneca Special Term and entered in the office of the clerk of the county of Cayuga on the 15th day of April, 1918, as resettled by an order entered in said clerk’s office on the 13th day of May, 1918, affirming the report of commissioners herein, with notice of an intention to bring up for review an interlocutory order entered in said clerk’s office on the 23d day of July, 1917.
1Opinion of the Court
De Angelis, J.:
This appeal assails an order of the Seneca Special Term confirming the report of commissioners appointed to deter*815mine the damages sustained by an owner of property adjoining a street in a village pursuant to subdivision 2 of section 159 of the Village Law (Consol. Laws, chap. 64; Laws of 1909, chap. 64) by reason of a change of the grade of the street by the State authorities in the construction of an improved roadway in a county highway under the provisions of the Highway Law.
The plaintiff is the owner of a lot situated in the village of Cato, in the county of Cayuga, 156 feet…
2Cases cited1 opinion
- Matter of DupontNew York Court of Appeals · 1916