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People ex rel. Cladel v. Seaman

216 N.Y. 649 Court N.Y. Decision date 1915-10-19 English

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p. 649
The People of the State of New York ex rel. Albert Cladel, Respondent, v. Alfred P. W. Seaman et al., Composing the Board of Assessors of the City of New York, Appellants.

Headnote

People ex rel. Cladel v. Seaman, 168 App. Div. 67 , affirmed.
(Argued September 30, 1915;
decided October 19, 1915.)
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered June 4, 1915, which affirmed an order of Special Term granting a motion for a peremptory writ of mandamus to compel the board of assessors of the city of New York to “estimate the damage done to the property of relator and those similarly situated, by reason of the change of grade of Polk avenue (sometimes known as Shell road),
p. 650
from Broadway to Jackson avenue in the borough of Queens, in the city of New York.”
Charles J. Nehrbas and Terence Farley for appellants.
John B. McMullen for respondent.

Order affrmed, with costs, on opinion of Scott, J., below.

Concur: Willard Bartlett, Ch. J., Chase, Collin, Cuddeback, Hogan, Seabury and Pound, JJ.