Kehres v. City of New York
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The City of New York, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 29th day of November, 1913, upon the special verdict of a jury rendered by direction of the court, and also from an order entered in said clerk’s office on the 15th day of December, 1913, denying defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Burr, J.:
In 1905 the city changed the grade of Meserole avenue in the borough of Brooklyn, and the work was completed on September thirtieth in that year. This grade was changed without lawful authority, and defendant is liable for damages resulting therefrom to an abutting owner whose property had been improved with relation to a former legally established grade. (Friel v. City of New York, 150 App. Div. 317; affd. on opinion below, 208 N. Y. 555.). Plaintiff’s intestate was the owner of certain premises situated on the southwest corner of Meserole avenue and Diamond street. It does not…
2Cases cited8 opinions
- Radcliff's Executors v. . Mayor, C. of BrooklynNew York Court of Appeals · 1850
- Galway v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1891
- White's Bank of Buffalo v. . NicholsNew York Court of Appeals · 1876
- Matter of Torge v. . Vil. of SalamancaNew York Court of Appeals · 1903
- Powers v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1900
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3Cited by3 opinions
- Forsythe v. City of South St. PaulSupreme Court of Minnesota · 1929
- In re City of New YorkNew York Supreme Court · 1934
- Shapiro v. Albany Chemical Co.Appellate Division of the Supreme Court of the State of New York · 1921