Legal Opinion

In re Caffrey

Appellate Division of the Supreme Court of the State of New York

Decided June 15, 1900PublishedCited by 9 opinions

Appeal by The Village of North Pelham,from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Westchester on the 14th day of October, 1899., confirming the report of commissioners appointed to ascertain the amount of damages sustained by the petitioner by reason of the change of grade of Fourth street and Second avenue in the village of North Pelham.

1Opinion of the Court

Jenks, J.:

In 1898 the village authorities of North Pelham began proceedings for street improvements. The petitioner, under section 159 of chapter 414 of the Laws of 1897 (the Village Law), filed a claim for damages to his premises by the change and the raising of grades of certain streets. The claim was disputed, and upon the application of the petitioner the Special Term of this court appointed commissioners to ascertain the damage. On the day of the appointment this stipulation was made: “ It is Hereby Stipulated by and between the attorneys for the petitioner above named, and the village…

2Cases cited29 opinions

  1. Risley v. . Phenix Bank of City of New YorkNew York Court of Appeals · 1881
  2. Vose v. . CockcroftNew York Court of Appeals · 1871
  3. Steen v. . Niagara Fire Insurance CompanyNew York Court of Appeals · 1882
  4. Matter of the Application of Cooper, Etc.New York Court of Appeals · 1883
  5. Metropolitan National Bank of New York v. LoydNew York Court of Appeals · 1882

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3Cited by9 opinions

  1. In re the Arbitration between Friedman & FriedmanAppellate Division of the Supreme Court of the State of New York · 1926
  2. City of Oswego v. Montcalm Dock Co.Appellate Division of the Supreme Court of the State of New York · 1935
  3. In re the Arbitration between Conway & RothAppellate Division of the Supreme Court of the State of New York · 1917
  4. In re IvesAppellate Division of the Supreme Court of the State of New York · 1913
  5. In re the Appointment of Commissioners to Determine Compensation to be Given to YoukerAppellate Division of the Supreme Court of the State of New York · 1926

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