In re the City of New York
Appellate Division of the Supreme Court of the State of New York
Appeal by John L. Klages, a property owner, from an order of the Supreme .Court, made at the Queens .County Special Term and entered in the office of the clerk of the county of Queens on the 29th day of January, 1907, confirming the supplemental report of commissioners of estimate and appraisal herein, in so .far as said order affects the parcel of land known as Damage Parcel No. 8. The proceeding was to acquire title to the fee in a street to be used as an approach to a…
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Appeal by John L. Klages, a property owner, from an order of the Supreme .Court, made at the Queens .County Special Term and entered in the office of the clerk of the county of Queens on the 29th day of January, 1907, confirming the supplemental report of commissioners of estimate and appraisal herein, in so .far as said order affects the parcel of land known as Damage Parcel No. 8. The proceeding was to acquire title to the fee in a street to be used as an approach to a bridge. The approach was an elevated structure in the street.
1Opinion of the Court
Gaynor, J.:
The appellant was given an award as lessee for damages by the impairment of the appurtenant easements of light, air and access,but he claims that he should have been given such damages as *151owner ot' the fee also, although the premises were conveyed to him during the pendency of the proceeding, and after the structure was built in the street and the damage done. Instead, the award for such damage was made to his grantor, who owned the fee when the proceeding was begun and when the damage was done. This was correct. The use of the street by the structure was legal, and the damage done…
2Cases cited1 opinion
- In re the Grade Crossing CommissionersAppellate Division of the Supreme Court of the State of New York · 1901