Legal Opinion

Bronxville Palmer v. State of New York

New York Court of Appeals

Decided December 30, 1966No. Claim 37145, 37146, 38219, 38220PublishedCited by 18 opinions

1Opinion of the CourtBergan, J.

Claimant is the owner of an apartment building in Yonkers. Its claims against the State, so far as- relevant to- this appeal, are based on purported trespass on claimant’s land in the construction of the Sprain Brook Parkway in Westchester County.

It is alleged that in the course of laying out the road piles were physically driven into claimant’s land beyond the State’s right of way; and that damage to the building resulted.

An earlier action brought by the claimant, in the Supreme Court against the general and special contractors who actually performed the work for the State, based on the same…

2Cases cited9 opinions

  1. Schuylkill Fuel Corp. v. B. & C. Nieberg Realty Corp.New York Court of Appeals · 1929
  2. Good Health Dairy Products Corp. v. EmeryNew York Court of Appeals · 1937
  3. Rudd v. . CornellNew York Court of Appeals · 1902
  4. Pray v. . HegemanNew York Court of Appeals · 1885
  5. Ripley v. StorerNew York Court of Appeals · 1956

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3Cited by18 opinions

  1. Lipsky v. Commonwealth United Corp.Court of Appeals for the Second Circuit · 1976
  2. Robert W. McCune v. Louis J. Frank, Commissioner of Police of the County of Nassau, and the Police Department of the County of NassauCourt of Appeals for the Second Circuit · 1975
  3. Hines v. City of BuffaloAppellate Division of the Supreme Court of the State of New York · 1981
  4. Peterson v. ForkeyAppellate Division of the Supreme Court of the State of New York · 1975
  5. Poirier & McLane Corp. v. CommissionerUnited States Tax Court · 1975

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