Lawrence Construction Corp. v. State

I dissent. The right" to the recovery of the damages awarded being wholly statutory, claimants had to prove their case within the requirements of section 951 of the Greater New York Charter (L. 1901, ch. 466, as amd.; now Administrative Code of the City of New York [L. 1937, eh. 929], § 307a-3.0). This required proof that the damaged buildings were erected in conformity with the grade of 80th Street as established by lawful authority. This, in my judgment, claimants’ proofs fail to establish. The buildings were erected at the physical grade which corresponded to a grade which had been…