Legal Opinion

New York Central Railroad v. State

New York Court of Claims

Decided January 2, 1952No. Claim No. 28761Published

1Opinion of the CourtSylvester, J.

This litigation arises out of an appropriation by the State in grade-crossing elimination proceedings pursuant to chapter 678 of the Laws of 1928, as amended, and the supplemental Act of 1939 (L. 1939, ch. 289), as amended. Claimant’s land, identified as Parcel No. 20, was taken in connection with the project to separate the grade at Ashford Avenue, in the village of Dobbs Ferry where the Putnam Division of the New York Central Railroad intersects the highway.

The elimination, directed pursuant to the orders of the Public Service Commission made in 1936 and 1939, was accomplished by the…

2Cases cited8 opinions

  1. Erie Railroad v. Board of Public Utility CommissionersSupreme Court of the United States · 1921
  2. Chicago, Milwaukee & St. Paul Railway Co. v. City of MinneapolisSupreme Court of the United States · 1914
  3. People Ex Rel. Simon v. . BradleyNew York Court of Appeals · 1913
  4. Syracuse Grade Crossing Commission v. Delaware, Lackawanna & Western Railroad Co.New York Supreme Court · 1940
  5. In Re State Commission of Highways for Change of Grade Crossings in the Town of RipleyNew York Court of Appeals · 1925

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