People ex rel. City of New York v. Sandrock Realty Co.

Majority

p. 771

The People of the State of New York ex rel. The City of New York, Respondent, v. Sandrock Realty Company, Appellant, and Robert Muh et al., Composing the Board of Assessors of the City of New York, Defendants.

Headnote

People ex rel. City of New York v. Sandrock Realty Co., 149 App. Div. 651 , affirmed.

(Argued March 3, 1913;

decided March 18, 1913.)

Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered

p. 772

April 18, 1912, which sustained a writ of certiorari and annulled a determination of the defendant board of assessors awarding damages to the appellant herein for injury to real property arising from a change of grade in a city street.

Benjamin Trapnell and F. W. Hottenroth for appellant.

Archibald R. Watson, Corporation Counsel (Clarence L. Barber and Terence Farley of counsel), for respondent.

Order affirmed, with costs, on opinion of Miller, J., below.

Concur: Cullen, Ch. J., Gray, Werner, Willard Bartlett, Chase, Collin and Hogan, JJ..