In re the City of New York
Appellate Division of the Supreme Court of the State of New York
Appeal by the George M. Cragin Company, property owner, from so much of an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 31st day of March, 1914, confirming the report of commissioners of estimate and assessment, as overrules objections to the awards and assessments affecting damage parcel No. 1 and benefit parcel No. 31.
1Per curiam
The report of the commissioners must , stand unless it appears that injustice is done, by overlook or disregard of .all of -the evi*464dence before them, or unless it appear that they have erred in the theory of their award. (New York Central & H. R. R. R. Co. v. Newbold, 166 App. Div. 193, and authorities cited.) Their conclusion rests both upon proof presented and upon view of the premises. Hence criticism that is confined to the proof necessarily excludes the other element of information. The commissioners were not bound to accept the lowest estimate of any expert witness called by the city.…
2Cases cited5 opinions
- Head v. HargraveSupreme Court of the United States · 1882
- People Ex Rel. Hallock v. . HennessyNew York Court of Appeals · 1912
- In re the City of New YorkAppellate Division of the Supreme Court of the State of New York · 1910
- New York Central & Hudson River Railroad v. NewboldAppellate Division of the Supreme Court of the State of New York · 1915
- In re City of New YorkAppellate Division of the Supreme Court of the State of New York · 1912
3Cited by6 opinions
- In re City of New YorkAppellate Division of the Supreme Court of the State of New York · 1938
- In re the City of New YorkAppellate Division of the Supreme Court of the State of New York · 1951
- In re City of New YorkAppellate Division of the Supreme Court of the State of New York · 1924
- International Salt Co. v. StateNew York Court of Claims · 1984
- Mtr. of City of Ny (A. & W. Realty Corp.)New York Court of Appeals · 1956
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