In re the City of New York
Appellate Division of the Supreme Court of the State of New York
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, 1902, confirming" the report of commissioners of estimate and assessment, except so much thereof as confirms said report with respect to parcels 1, 2, 3, 10 and 11. This proceeding was begun by a petition dated - February 27, 1900, by the city of New York, made upon request of the board…
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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, 1902, confirming" the report of commissioners of estimate and assessment, except so much thereof as confirms said report with respect to parcels 1, 2, 3, 10 and 11. This proceeding was begun by a petition dated - February 27, 1900, by the city of New York, made upon request of the board of public improvements, praying that three' commissioners of estimate and assessment be appointed for the acquisition by…
1Opinion of the Court
O’Brien, J.:.No question arises upon this appeal as to any lands actually taken for and covered by the causeway or bridge structure. The property to which our attention is called was taken for other purposes in connection with the improvement, and the precise issue is whether for the taking of such property consequential damages should be awarded. By consequential damages we mean such as ai’e inflicted by the destruction of easements in and over streets which the property before such destruction enjoyed.
The respondents are owners of land on either side of the structural approach in West One…
2Cases cited1 opinion
- Sweet v. Buffalo, New York & Philadelphia Railway Co.New York Court of Appeals · 1879
3Cited by3 opinions
- Jafco Realty Corp. v. StateAppellate Division of the Supreme Court of the State of New York · 1963
- In re Clinton Street Police Station SiteNew York Supreme Court · 1910
- Wolfe v. StateAppellate Division of the Supreme Court of the State of New York · 1965