Legal Opinion
In re City of New York
Appellate Division of the Supreme Court of the State of New York
Decided April 18, 1938PublishedCited by 5 opinions
1Opinion of the Court
Final decrees in condemnation proceedings, in so far as appealed from, unanimously affirmed, with costs. Assuming that the city’s experts erred in arriving at their appraisals, the error was not substantial. Appellants failed to show that the court was misled, or that it adopted an erroneous principle in fixing the damages, or that the awards are obviously and clearly wrong or such as to shock the sense of justice of the court. In the absence of such proof an appellate court cannot substitute its judgment of value for that of the Special Term. (Matter of City of Rochester [Smith St. Bridge],…
2Cases cited10 opinions
- In re City of RochesterAppellate Division of the Supreme Court of the State of New York · 1932
- Matter of City of New YorkNew York Court of Appeals · 1901
- In re the Bronx Parkway CommissionAppellate Division of the Supreme Court of the State of New York · 1920
- Vilias v. FeathersonAppellate Division of the Supreme Court of the State of New York · 1904
- Burns Bros. v. . the City of New YorkNew York Court of Appeals · 1921
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3Cited by5 opinions
- Brooklyn Eastern Dist. Terminal v. City of New YorkCourt of Appeals for the Second Circuit · 1944
- City of New York v. Third Avenue Railway Co.Appellate Division of the Supreme Court of the State of New York · 1942
- In re City of New YorkAppellate Division of the Supreme Court of the State of New York · 1939
- In re the City of New YorkAppellate Division of the Supreme Court of the State of New York · 1951
- In re the City of New YorkAppellate Division of the Supreme Court of the State of New York · 1955