Legal Opinion

Meloon Bronze Foundry, Inc. v. State

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

Decided July 10, 1958No. Claim No. 33351PublishedCited by 1 opinion

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

  1. Sauer v. . City of New YorkNew York Court of Appeals · 1904
  2. Holmes v. StateAppellate Division of the Supreme Court of the State of New York · 1952
  3. Holmes v. StateAppellate Division of the Supreme Court of the State of New York · 1953
  4. Meloon Bronze Foundry, Inc. v. StateNew York Court of Claims · 1957

3Cited by1 opinion

  1. Benderson Development Co. v. StateAppellate Division of the Supreme Court of the State of New York · 1978

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