Matter of Culver Contrg. Corp. v. Humphrey
New York Court of Appeals
The trial court had jurisdiction to take testimony of every fact and circumstance, including physical damage, affecting the market value of claimant’s remaining property resulting from the proper use for which the parcel was acquired, and to which it was put. (Matter of Rapid Transit R. R. Commrs. [Joralemon Si.], 197 N. Y. 81; Matter of City of New York [Lafayette Ave.], 118 Mise, Rep. 161; Evelyn Building Corp. v. City of New York. 257 N. Y. 501; South Buffalo Ry.
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The trial court had jurisdiction to take testimony of every fact and circumstance, including physical damage, affecting the market value of claimant’s remaining property resulting from the proper use for which the parcel was acquired, and to which it was put. (Matter of Rapid Transit R. R. Commrs. [Joralemon Si.], 197 N. Y. 81; Matter of City of New York [Lafayette Ave.], 118 Mise, Rep. 161; Evelyn Building Corp. v. City of New York. 257 N. Y. 501; South Buffalo Ry. Co. v. Kirkover, 176 N. Y. 301; Matter of Utica R. R. Co., 56 Barb. 456; Matter of N. Y. C. & H. R. R. R. Co., 15 Hun, 63;…
1Opinion of the CourtFinch, J.
This is an appeal from a final order of prohibition, an alternative order of prohibition and a resettled final order of prohibition, granted by the Appel late Division, second department, directed against a justice of the Supreme Court, a claimant in condemnation proceedings and the city of New York, commanding them to desist and refrain from further proceedings with respect to the submission and taking of testimony or other proof concerning physical damage to property owned by the claimant Schwager.
The condemnation proceeding which is the subject of this controversy was instituted by the…
2Cases cited25 opinions
- Story v. . New York Elevated R.R. Co.New York Court of Appeals · 1882
- Chicago City v. RobbinsSupreme Court of the United States · 1863
- People Ex Rel. Lemon v. Supreme CourtNew York Court of Appeals · 1927
- People ex rel. Livingston v. WyattNew York Court of Appeals · 1906
- The People Ex Rel. the Mayor v. . NicholsNew York Court of Appeals · 1880
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3Cited by83 opinions
- Rush v. MordueNew York Court of Appeals · 1986
- La Rocca v. LaneNew York Court of Appeals · 1975
- Lee v. County Ct. of Erie CountyNew York Court of Appeals · 1971
- Dery v. WyerCourt of Appeals for the Second Circuit · 1959
- Matter of Hogan v. Court of General SessionsNew York Court of Appeals · 1946
78 more not listed; retrieve them via the Exa API.