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In re Bright Place

141 N.Y.S. 1110 Court N.Y. App. Div. Decision date 1913-04-18 English

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p. 1110
In re BRIGHT PLACE IN CITY OF YONKERS.
(Supreme Court, Appellate Division, Second Department.
April 18, 1913.)

Headnote

In the matter of the laying out and opening of Bright Place, from School Street 'to South Broadway in the City of Yonkers, in which Jules Breuchaud appeals.

It is quite apparent from the evidence in this case that the commissioners have limited the amount of the award to the value of the land actually to be acquired-, and have not considered the consequential damages to the residue of the plot, from which the land needed for the improvement is taken. The adoption of this erroneous theory requires that the order appealed from should be reversed. Order reversed, with $10 costs and disbursements, and proceedings remitted to the Special Term for the appointment of new commissioners.