In re the City of New York
Appellate Division of the Supreme Court of the State of New York
Appeal by the city of New York from an order of the Supreme Court, made at Special Term and entered in the office of the clerk of the county of Kings on the 3d day of October, 1913. Order reversed, with ten dollars costs and disbursements, and motion to confirm the report of the commissioners of estimate and assessment granted.
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Appeal by the city of New York from an order of the Supreme Court, made at Special Term and entered in the office of the clerk of the county of Kings on the 3d day of October, 1913. Order reversed, with ten dollars costs and disbursements, and motion to confirm the report of the commissioners of estimate and assessment granted. We think that the evidence clearly establishes the adoption of the correct theory by the commissioners as to consequential damages, and, if the amount awarded by them is open to criticism at all, it is • that it is liberal rather than otherwise. Jenks, P. J., Burr,…
1Dissent
Putnam, J. (dissenting):
The proposed opening of Lincoln avenue cuts through a large tract lying on Jamaica avenue, nearly opposite Cypress Hills Cemetery. It is used for manufacture of monuments. The value of the strip of intersecting land taken is not disputed. The issue is: How much is the resulting damage to the plant which this fifty-foot street divides into two isolated parts, one of which is thereby cut off from power ? The obvious losses are not only that power is cut off, but in the means to carry back and forth the rough and worked blocks of granite in process of finishing, which now…
2Cases cited1 opinion
- In re Laying Out, Opening & Extending of Alexander StreetAppellate Division of the Supreme Court of the State of New York · 1911