Legal Opinion
In re Corporation Counsel
Appellate Division of the Supreme Court of the State of New York
Decided April 13, 1934PublishedCited by 7 opinions
1Opinion of the CourtFinch, P. J.
In this case the question arises whether the courts shall adopt an artificial formula for ascertaining damages, which formula in this case produces an -unjust result, rather than base the damage upon evidence which is here available showing the actual damage suffered. In my opinion, a formula for ascertaining damage is only a means to be used in lieu of direct evidence of damage. To use it when there is evidence of the exact damage, is to put more importance on the means than on the end.
On December 17, 1895, a final tax map was filed which substituted Third avenue for Fordham road, and so…
2Cases cited1 opinion
- In Re Board of Rapid Transit RailroadNew York Court of Appeals · 1909
3Cited by7 opinions
- In re HuieNew York Court of Appeals · 1956
- In re the City of New YorkNew York Supreme Court · 1963
- New York Telephone Co. v. WadleAppellate Division of the Supreme Court of the State of New York · 1985
- City of Binghamton v. Arlington Hotel, Inc.Appellate Division of the Supreme Court of the State of New York · 1971
- City of Troy v. Manufacturers National BankAppellate Division of the Supreme Court of the State of New York · 1968
2 more not listed; retrieve them via the Exa API.