Roman Catholic Church of Our Lady of the Cenacle v. City of New York

In an action at law against the City of New York to recover damages for change of grade as a result of the construction by the State of New York of sections of Van Wyck Expressway in New York City, pursuant to article XII-B of the Highway Law, the defendant appeals from an order denying its motion to dismiss the complaint for failure to state a cause of action. Order reversed on the law, with $10 costs and disbursements, and motion granted, without costs. Damage caused by a change of grade to real property abutting on a street is damnum absque injuria, in the absence of legislation…