Jaquino Realty Corp. v. Ormond — 247 N.Y. 528

Majority

p. 528

In the Matter of Jaquino Realty Corporation, Appellant, against William C. Ormond et al., Constituting the Board of Assessors of the City of New York, Respondents.

Headnote

New York city — streets — change of grade — erection of board walk on beach not change of grade within meaning of provision of charter for damages to abutting property.

■ Matter of Jaquino Realty Corp. v. Ormond, 217 App. Div. 76 , affirmed.

(Argued December 7, 1927;

decided January 10, 1928.)

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

p. 529

entered May 21, 1926, which reversed an order of Special Term granting a motion for a peremptory order of mandamus to compel the board of assessors of the city of New York to ascertain the damage, if any, sustained by petitioner’s property by reason of the construction of the board walk on the beach at Coney Island. The petitioner owned real property which fronted for 100 feet on the. beach. The Appellate Division held that the erection of the board walk was not such a change of grade in a street or avenue as was contemplated in section 951 of the charter of the city of New York, providing for award of damages to property owners arising from grading streets.

Charles Lamb and Charles J. Nehrbas for appellant.

George P. Nicholson, Corporation Counsel (J. Joseph Lilly and John J. Mead of counsel), for respondents.

Order affirmed, with costs; no opinion.

Concur: Cardozo, Ch. J., Pound, Crane, Andrews, Lehman, Kellogg and O’Brien, JJ.