People ex rel. Rothschild v. Muh
Appellate Division of the Supreme Court of the State of New York
Oertiobari issued out of the Supreme Court and attested on the 18th day of February, 1904, directed to Robert Muh and others, composing the board of assessors of the city of Hew York, and to Edward M. Grout and others, composing the board of revision of assessments of the city of Hew York, commanding them to certify and return to the office of the clerk of the county of Hew York all and singular their proceedings had in rejecting a certain claim of the relator for damages…
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Oertiobari issued out of the Supreme Court and attested on the 18th day of February, 1904, directed to Robert Muh and others, composing the board of assessors of the city of Hew York, and to Edward M. Grout and others, composing the board of revision of assessments of the city of Hew York, commanding them to certify and return to the office of the clerk of the county of Hew York all and singular their proceedings had in rejecting a certain claim of the relator for damages sustained by reason' of. a change of grade-, of the Southern boulevard in the city of Hew York.
1DissentHatch, J.
I am unable to concur with the views expressed by Mr. Justice ■ Ingraham in the opinion delivered by him in this case. It is conceded that by virtue of the provisions of section 874 of chapter 410 ■of the Laws of 1882 (known as. the Consolidation Act), and by the provisions of section 951 of chapter 466 of the Laws of 1901 (being the Greater New York charter as amended)," the relator is entitled to an award of damages if the building owned by him was erected in accordance with the grade of the street, as established on or .about the 21st day of February, 1871, if he sustained damages by…
2Cases cited5 opinions
- Heiser v. . the Mayor, Etc., of N.Y.New York Court of Appeals · 1887
- People Ex Rel. Village of Brockport v. SutphinNew York Court of Appeals · 1901
- People Ex Rel. Heiser v. . GilonNew York Court of Appeals · 1890
- People ex rel. Spencer v. Village of New RochelleNew York Supreme Court · 1894
- People Ex Rel. Tytler v. . GreenNew York Court of Appeals · 1876