Legal Opinion
Caldwell & Ward Brass Co. v. State
New York Court of Claims
Decided October 21, 1936No. Claim No. 24242PublishedCited by 12 opinions
1Opinion of the CourtRyan, J.
This claim is the second to be submitted to this court under chapter 825 of the Laws of 1928, known as the Syracuse Grade Crossing Elimination Act. The first, recently decided, is Claim No. 24197, Champion Oil Co., Inc., v. State of New York (161 Misc. 143). As in that case no part of the lands of this, claimant was taken nor were its easements of light, air and access condemned.
However, the facts are to be distinguished. In the Champion case all access to the claimant’s property was destroyed. Here the claimant’s property is bounded on three sides by public streets. On the south it abuts on…
2Cases cited3 opinions
- Story v. . New York Elevated R.R. Co.New York Court of Appeals · 1882
- Champion Oil Co. v. StateNew York Court of Claims · 1936
- Falker v. New YorkNew York Supreme Court · 1884
3Cited by12 opinions
- Mirro v. StateAppellate Division of the Supreme Court of the State of New York · 1940
- Biff's Grills, Inc. v. State Highway CommissionMichigan Court of Appeals · 1977
- Solkat Realty Corp. v. StateNew York Court of Claims · 1939
- Columbia Machine Works, Inc. v. Long Island RailroadAppellate Division of the Supreme Court of the State of New York · 1944
- Counihan v. StateNew York Court of Claims · 1959
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