Legal Opinion
Ampfer v. State
New York Court of Claims
Decided June 30, 1952No. Claim No. 29821; Claim No. 29822; Claim No. 29823; Claim No. 29824; Claim No. 29825; Claim No. 29826; Claim No. 29827; Claim No. 29828; Claim No. 29829; Claim No. 29830; Claim No. 29831; Claim No. 29832; Claim No. 29863Published
1Opinion of the CourtSylvester, J.
The State’s motion made during trial to dismiss each of the claims is granted. Damages to abutting owners for changes in grade of streets, as claimed herein, are damnum absque injuria. (Radcliff’s Executors v. Mayor of Brooklyn, 4 N. Y. 195; Sauer v. City of New York, 180 N. Y. 27, affd. 206 U. S. 536.) In the instant situation there may be no recovery against the State in the absence of statutory authorization therefor. (Sauer v. City of New York, supra; Matter of Young v. Kracke, 262 App. Div. 67, affd. 287 N. Y. 634; Burmaster v. State of New York, 186 App. Div. 131; West 158th St. Garage…
2Cases cited9 opinions
- Radcliff's Executors v. . Mayor, C. of BrooklynNew York Court of Appeals · 1850
- Sauer v. City of New YorkSupreme Court of the United States · 1907
- Sauer v. . City of New YorkNew York Court of Appeals · 1904
- Miller v. StateAppellate Division of the Supreme Court of the State of New York · 1930
- West 358th Street Garage Corp. v. StateAppellate Division of the Supreme Court of the State of New York · 1939
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