In re Greer
Appellate Division of the Supreme Court of the State of New York
Appeal by The Village of North Pelham from an interlocutory judgment of the Supreme Court in favor of Harriet A. Greer, entered in the office of the clerk of the county of Westchester on the 14th day of January, 1899, upon the decision of the court, ren•dered after a trial at the Westchester Special Term, appointing commissioners under the provisions of section 159 of chapter 414 of the Laws of 1897, known as the Village Law, to assess the damage sustained by the petitioner…
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Appeal by The Village of North Pelham from an interlocutory judgment of the Supreme Court in favor of Harriet A. Greer, entered in the office of the clerk of the county of Westchester on the 14th day of January, 1899, upon the decision of the court, ren•dered after a trial at the Westchester Special Term, appointing commissioners under the provisions of section 159 of chapter 414 of the Laws of 1897, known as the Village Law, to assess the damage sustained by the petitioner by reason of the change of grade of First .street in the village of North Pelham.
1Opinion of the Court
Woodward, J.:
The petitioner, Harriet A. Greer, is the owner of certain premises in the village of North Pelham, on the south side of First street, with a frontage of ninety feet. In the fall of 1898 the village board, acting under the authority of section 159 of chapter 414 of the Laws of 1897, known as the Village Law, and having “ exclusive control and jurisdiction ” of First street in the village of North Pelham, changed the grade of that street. The petitioner, feeling herself aggrieved, presented a verified claim for damages to the village board, and that body neglecting or refusing to…
2Cases cited4 opinions
- Radcliff's Executors v. . Mayor, C. of BrooklynNew York Court of Appeals · 1850
- In Re Whitmore v. . Vil. of TarrytownNew York Court of Appeals · 1893
- McCall v. Village of Saratoga SpringsNew York Supreme Court · 1890
- Bartlett v. Village of TarrytownNew York Supreme Court · 1889
3Cited by6 opinions
- Comesky v. . Village of SuffernNew York Court of Appeals · 1904
- Cook v. StateNew York Court of Claims · 1941
- In re ComeskyAppellate Division of the Supreme Court of the State of New York · 1903
- Claim of Torge v. Village of SalamancaAppellate Division of the Supreme Court of the State of New York · 1903
- Comesky v. Village of SuffernAppellate Division of the Supreme Court of the State of New York · 1903
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