Utter v. . Richmond
New York Court of Appeals
Appeal from judgment of the General Term of the Superior «Court of the city of Rew York, entered upon an order made .June 23, 1887, which affirmed a judgment in favor of defendant, entered upon a decision of the court at Special Term. This action was brought to determine who was entitled to an award of damages to a lot in the city of Rew York, caused by the closing of Bioomingdale road. It was originally brought against the city and others.
Read the full summary
Appeal from judgment of the General Term of the Superior «Court of the city of Rew York, entered upon an order made .June 23, 1887, which affirmed a judgment in favor of defendant, entered upon a decision of the court at Special Term. This action was brought to determine who was entitled to an award of damages to a lot in the city of Rew York, caused by the closing of Bioomingdale road. It was originally brought against the city and others. The city caused all the claimants to the award to be brought in and, on a special and further order of the court, paid the amount of the award over to the…
1Opinion of the CourtFinch, J.
The Bloomingdale road was closed by the filing of the map of the commissioners of the Central Park in 1868. One of the lots fronting on that road, and so damaged by its closing, was at that date owned by Frank A. Utter, who had bought it in 1866, giving to his vendor a bond and mortgage upon the lot to secure a portion of the purchase-money. The loss and injury sustained by the closing of the road was a diminution of the value of the lot, and affected both the security of the mortgagee and the interest of the owner; and the damages to be awarded of necessity attached to the respective rights…
2Cases cited1 opinion
- The Bank of Auburn v. . RobertsNew York Court of Appeals · 1870
3Cited by54 opinions
- Holloway v. . SouthmaydNew York Court of Appeals · 1893
- Matter of City of SyracuseNew York Court of Appeals · 1918
- Matter of City of New York (Houghton Ave.)New York Court of Appeals · 1934
- Muldoon v. Mid-Bronx Holding Corp.New York Court of Appeals · 1942
- Mtr. of County of Nassau (Gelb-Siegel)New York Court of Appeals · 1969
49 more not listed; retrieve them via the Exa API.