Legal Opinion

People ex rel. Stephens v. Phillips

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

Decided July 1, 1903PublishedCited by 8 opinions

Appeal by the relator, Olin J. Stephens, 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 4th day of August, 1903, quashing and superseding ■ a writ of certiorari theretofore granted herein.

1Opinion of the Court

Ingraham, J.:

Chapter 111 of the Laws of 1899 provides that the board of revision of assessments in the city of New York “is hereby authorized and empowered in its discretion to ascertain and determine the damage to the following real property ” specifically described, “and to award damages to the owners thereof to the extent that their said real property ma/y ha/oe leen injured in both fee and rental value in consequence of said changing of said original grades of the streets or avenues on which said several lots abut. * * * The said board of revision shall consider as an element of damage…

2Cases cited8 opinions

  1. Matter of Chapman v. . City of New YorkNew York Court of Appeals · 1901
  2. People Ex Rel. Kennedy v. . BradyNew York Court of Appeals · 1901
  3. Wrought Iron Bridge Co. v. Town of AtticaNew York Court of Appeals · 1890
  4. Bush v. . Board of SupervisorsNew York Court of Appeals · 1899
  5. Greene v. County of NiagaraNew York Court of Appeals · 1901

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3Cited by8 opinions

  1. Johnson v. PettitAppellate Division of the Supreme Court of the State of New York · 1907
  2. People ex rel. City of New York v. StillingsAppellate Division of the Supreme Court of the State of New York · 1909
  3. People ex rel. Hallock v. HennessyAppellate Division of the Supreme Court of the State of New York · 1911
  4. People ex rel. Olin v. HennessyAppellate Division of the Supreme Court of the State of New York · 1912
  5. Peters v. JusticeNew York Supreme Court · 1912

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