In re DeLong

The petitioners ask this court to appoint commissioners to ascertain and determine the amount of damages sustained by them and to recover from the village of Phoenix the amount of such damages, arising out of a change of grade in a street which their property abuts in said village. The change of grade was made in connection with the reconstruction of a highway known as New York State Highway No. 5276, along a street within the corporate limits of the village of Phoenix. Liability of the village depends upon the construction of subdivision 2 of section 159 of the Village Law of the State of…