People ex rel. Grout v. Stillings — 78 N.Y.S. 1132

Majority

p. 1132

PEOPLE ex rel. GROUT, Comptroller, v. STILLINGS et al.

(Supreme Court, Appellate Division, First Department.

November 21, 1902.)

Headnote

Certiorari by the people, on the relation of Edward M. Grout, as comptroller of the city of New York, against William E. Stillings and others, as commissioners, etc., and William H. Mountfort, claimant, to review an award of damages to lands by reason of a change of grade of a street. Award confirmed.

Robert C. Beatty, for relator. A. Edward Woodruff, for respondents.

This is a writ of certiorari to review an award made by commissioners, under chapter 537 of the Laws of 1893, and chapter 567 of the Laws of 1894, to William H. Mountfort for damages to his premises on Vanderbilt avenue, between 170th and 171st streets, caused by a change of grade of that avenue. The questions presented are the same as those discussed and decided in the case of People v. Stillings, 78 N. Y. Supp. 333 . The claim in this case was filed on the 18th day of December, 1894. The award should he confirmed, with $50 •costs and disbursements on the authority of the opinion in that case.

VAN BRUNT, P. J., dissents.