Legal Opinion
Buro v. State
New York Court of Appeals
Decided January 21, 1954No. Claim No. 28954; Claims Nos. 28955-28962; 28988-28993PublishedCited by 4 opinions
1Opinion of the Court
*732Judgments affirmed, with costs. Memorandum: Quite clearly, there has been no change of grade and, on the weight of the evidence, there is no damage to claimants’ properties by interference with their easements of light and air. No opinion.
Concur: Desmond, Dye, Fuld and Van Voorhis, JJ. Lewis, Ch. J., Conway and Froessel, JJ., dissent and vote for reinstatement of the judgments of the Court of Claims on the following ground: There cannot be, in this case, any recovery of damages for change of grade as such, under section 6 of chapter 678 of the Laws of 1928 (see Matter of Young v. Kraclce, 262…
2Cases cited2 opinions
- In re YoungAppellate Division of the Supreme Court of the State of New York · 1941
- Matter of Young v. KrackeNew York Court of Appeals · 1941
3Cited by4 opinions
- Selig v. StateNew York Court of Appeals · 1961
- 240 Scott, Inc. v. State of New YorkNew York Court of Appeals · 1966
- BALDWIN-HALL CO., INC. v. StateNew York Court of Appeals · 1965
- BALDWIN-HALL CO., INC. v. StateNew York Court of Appeals · 1965