Triest v. . City of New York
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered May 15, 1908, affirming a judgment in favor of plaintiff entered upon a decision of the court at a Trial Term, a jury having been waived. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered May 15, 1908, affirming a judgment in favor of plaintiff entered upon a decision of the court at a Trial Term, a jury having been waived. The nature of the action and the facts, so far as material, are stated in the opinion. The facts found do not support the conclusion of law drawn by the trial judge in favor of the plaintiff, and defendant’s exception thereto is well taken. (Krekeler v. Aulbach, 169 N. Y. 372; Miller v. N. Y. & N. S. Ry. Co., 183 N. Y. 123; Archer v. City of…
1Opinion of the CourtHaight, J.
This action was brought to recover damages for the alleged wrongful entering upon Marion avenue between Occident and Cebra avenues, in front of the plaintiff’s premises and excavating and changing the existing grade and lowering the level thereof in places from six to eight feet.
It appears from the findings that the plaintiff became the owner of the premises in question on the 9th day of September, 1897, fronting on St. Paul avenue, on which there was erected a dwelling house fifty years ago and that the lands also abutted upon Marion avenue, but no buildings of any kind were erected thereon…
2Cited by3 opinions
- People ex rel. Flaxman v. HennessyNew York Supreme Court · 1911
- Manzo v. ManzoAppellate Division of the Supreme Court of the State of New York · 1955
- Mayer v. . City of New YorkNew York Court of Appeals · 1908