Fuller v. . City of Mount Vernon
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered October 22, 1901, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial.
Read the full summary
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered October 22, 1901, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial. This was an action at law, brought to recover damages inflicted upon the real property of the plaintiff by an alleged illegal change of the grade of Archer avenue in the city of Mount Vernon, upon which the plaintiff’s premises abutted. The plaintiff alleged in his complaint, among other things, that the grade of said avenue was established in or about…
1Opinion of the CourtVann, J.
The charter of the defendant confers power upon its common council to establish the grade of streets, highways and sidewalks. (§ 180.) It also authorizes that body “ to alter the grade of any street or highway or any part thereof,” and provides the method of procedure. This method, among other things, includes the making of a profile showing the intended alteration, filing it with the city clerk and publishing a notice that said profile has been so filed, together with a notice of the intention of the common council “ to make such alteration.” At any time within one year after the date…
2Cases cited4 opinions
- Folmsbee v. . City of AmsterdamNew York Court of Appeals · 1894
- Farrington v. . City of Mount VernonNew York Court of Appeals · 1901
- Archer v. . City of Mount VernonNew York Court of Appeals · 1902
- Archer v. City of Mount VernonAppellate Division of the Supreme Court of the State of New York · 1901
3Cited by8 opinions
- Bernhard v. City of RochesterAppellate Division of the Supreme Court of the State of New York · 1908
- Comesky v. . Village of SuffernNew York Court of Appeals · 1904
- Raymond v. StateNew York Court of Claims · 1955
- Hawley v. Village of Elmira HeightsNew York Supreme Court · 1937
- Claim of Lavigne v. Village of Alexandria BayAppellate Division of the Supreme Court of the State of New York · 1933
3 more not listed; retrieve them via the Exa API.