In re Gilroy
Appellate Division of the Supreme Court of the State of New York
Appeal by William- P. Lyon and Jere M. Lyon, copartners, composing the business firm of Lyon Brothers, from so' much of an order of the Supreme Court, made at the Dutchess County Special ' Term, bearing date the l'8tli day of January, 1896,, and entered in the office of the clerk of the county of Westchester, confirming the report of commissioners of appraisal appointed in condemnation proceedings, as affects the rights, property interests and business of the firm of Lyon…
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Appeal by William- P. Lyon and Jere M. Lyon, copartners, composing the business firm of Lyon Brothers, from so' much of an order of the Supreme Court, made at the Dutchess County Special ' Term, bearing date the l'8tli day of January, 1896,, and entered in the office of the clerk of the county of Westchester, confirming the report of commissioners of appraisal appointed in condemnation proceedings, as affects the rights, property interests and business of the firm of Lyon Brothers, and also from the report of the said commissioners.
1Opinion of the Court
Cullen, 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 cite 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.…
2Cases cited3 opinions
- Edmands v. City of BostonMassachusetts Supreme Judicial Court · 1871
- Masterton v. . Village of Mount VernonNew York Court of Appeals · 1874
- Newton v. ArmstrongNew York Supreme Court · 1892
3Cited by14 opinions
- Banner Milling Co. v. State of New YorkNew York Court of Appeals · 1925
- In re City of RochesterAppellate Division of the Supreme Court of the State of New York · 1932
- Foley Bros. Dry Goods Co. v. SettegastCourt of Appeals of Texas · 1939
- Sparkill Realty Corp. v. State of New YorkNew York Court of Appeals · 1935
- Brainerd v. StateNew York Court of Claims · 1911
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