Legal Opinion

In re the City of Mount Vernon

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

Decided December 29, 1952Published

1Opinion of the Court

Sublessees of certain gasoline station and parking lot premises vacated the leased premises on September 13, 1948, because of a temporary obstruction of access caused by the progress of the work of street widening and change of grade directed by appellant. In this proceeding to determine the amount of damages suffered by the owner, lessees, and sublessees, the claims of the owner and lessees were settled. The Official Referee, to whom the matter was referred to hear and determine, found that the obstruction of access justified the sublessees’ abandonment of the premises and termination of the…

2Cases cited2 opinions

  1. Iron City Automobile Co. v. City of PittsburghSupreme Court of Pennsylvania · 1916
  2. City of Corning v. HolmesAppellate Division of the Supreme Court of the State of New York · 1917

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