Heiser v. . the Mayor, Etc., of N.Y.
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, entered upon an order made March 30, 1883, which affirmed a judgment in favor of defendant, entered upon an order dismissing plaintiff’s complaint on the opening. (Reported below, 29 Hun, 446.) The substance of the complaint and of the opening stated in the opinion.
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Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, entered upon an order made March 30, 1883, which affirmed a judgment in favor of defendant, entered upon an order dismissing plaintiff’s complaint on the opening. (Reported below, 29 Hun, 446.) The substance of the complaint and of the opening stated in the opinion. Plaintiff is entitled, upon the facts set forth, to have the damages recoverable under the act of 1872 (Chap. 729) ascertained by the court without the aid of the board of assessors. (Ewen v. Jones, 2 Salk. 415; People v. Hillsdale, 2…
1Opinion of the Court
Ruger, Ch. J.
At the trial the complaint was dismissed upon the opening, on the ground that no cause of action was stated.
The language of the opening is not set forth in the case, but is conceded to have been no broader than the complaint, and if no legal cause of action is stated therein, the action must fail.
The complaint alleges, substantially, that by chapter 729 of the Laws of 1872, the defendant became liable to persons owning lots on Eighth avenue, in the city of Hew York, upon which buildings were erected, for such damages as had been or might be occasioned to them by reason of change…
2Cases cited6 opinions
- Maxmilian v. . MayorNew York Court of Appeals · 1875
- Wilson v. Mayor of New YorkCourt for the Trial of Impeachments and Correction of Errors · 1845
- Dudley v. . MayhewNew York Court of Appeals · 1849
- Stilwell v. . CarpenterNew York Court of Appeals · 1875
- Lynch v. Mayor of New YorkNew York Court of Appeals · 1879
1 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- Reining v. New York, Lackawanna & Western Railway Co.New York Court of Appeals · 1891
- Consolidated Ice Co. v. . Mayor, Etc., of N.Y.New York Court of Appeals · 1901
- Matter of Torge v. . Vil. of SalamancaNew York Court of Appeals · 1903
- McGovern v. City of BostonMassachusetts Supreme Judicial Court · 1918
- People Ex Rel. Heiser v. . GilonNew York Court of Appeals · 1890
26 more not listed; retrieve them via the Exa API.