Meloon Bronze Foundry, Inc. v. State
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Judgment reversed on the law and facts and a new trial granted. Memorandum: The Court of Claims ruled correctly that there could be no recovery for damages due to change of grade in this case, the property being “located in a rural area, in which payment for damages for change of grade has not been provided for by statute ”, citing Raymond v. State of New York, (4 A D 2d 62) which has since been affirmed by the Court of Appeals, (4 N Y 2d 961). However, the court erred in allowing damages for impairment of the claimant’s easement of access to the highway, which resulted from the change of…
2Cases cited4 opinions
- Sauer v. . City of New YorkNew York Court of Appeals · 1904
- Holmes v. StateAppellate Division of the Supreme Court of the State of New York · 1952
- Holmes v. StateAppellate Division of the Supreme Court of the State of New York · 1953
- Meloon Bronze Foundry, Inc. v. StateNew York Court of Claims · 1957
3Cited by1 opinion
- Benderson Development Co. v. StateAppellate Division of the Supreme Court of the State of New York · 1978