Legal Opinion

In re Varian

Appellate Division of the Supreme Court of the State of New York

Decided May 3, 1912PublishedCited by 2 opinions

Appeal by The City of New York from an order, of the Supreme Court,: made at the New York Special Term and entered in the office of the clerk of the county of New York on the 7th day of March, 1912, vacating certain orders made by the change of grade damage commission dismissing claims for damages and sending such claims back to said commission for determination on the merits.

1Opinion of the Court

Laughlin, J.:

The Legislature, by chapter 537 of the Laws of 1893, authorized the mayor of the city of New York to appoint three commissioners to estimate the loss and damage which each owner of land or land and building fronting on One Hundred and Fifty-seventh street, or any other street or avenue in the *455twenty-third or twenty-fourth wards of the city, and extending back therefrom, not more than 100 feet, had sustained by reason of the change of grade of any street or avenue, made in conformity with the provisions of chapter 721 of the Laws of 1887, or caused by grading Elton avenue,…

2Cases cited3 opinions

  1. People ex rel. Belmont v. LeonardAppellate Division of the Supreme Court of the State of New York · 1903
  2. People Ex Rel. Janes v. . StillingsNew York Court of Appeals · 1910
  3. Gauntlett v. CameronAppellate Division of the Supreme Court of the State of New York · 1904

3Cited by2 opinions

  1. Ogle v. HeimCalifornia Supreme Court · 1968
  2. In re VarianAppellate Division of the Supreme Court of the State of New York · 1915

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