Ampfer v. State

New York State Court of Claims

Ampfer v. State

203 Misc. 93, 114 N.Y.S.2d 205, 1952 N.Y. Misc. LEXIS 2869

DecidedJune 30, 1952

DocketClaim No. 29821; Claim No. 29822; Claim No. 29823; Claim No. 29824; Claim No. 29825; Claim No. 29826; Claim No. 29827; Claim No. 29828; Claim No. 29829; Claim No. 29830; Claim No. 29831; Claim No. 29832; Claim No. 29863

StatusPublished

This text of 203 Misc. 93 (Ampfer v. State) is published on Counsel Stack Legal Research, covering New York Court of Claims primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ampfer v. State, 203 Misc. 93, 114 N.Y.S.2d 205, 1952 N.Y. Misc. LEXIS 2869 (N.Y. Super. Ct. 1952).

Pincite

Opinion

Sylvester, J.

The State’s motion made during trial to dismiss each of the claims is granted. Damages to abutting owners for changes in grade of streets, as claimed herein, are damnum absque injuria. (Radcliff’s Executors v. Mayor of Brooklyn, 4 N. Y. 195; Sauer v. City of New York, 180 N. Y. 27, affd. 206 U. S. 536.) In the instant situation there may be no recovery against the State in the absence of statutory authorization therefor. (Sauer v. City of New York, supra; Matter of Young v. Kracke, 262 App. Div. 67, affd. 287 N. Y. 634; Burmaster v. State of New York, 186 App. Div. 131; West 158th St. Garage Corp. v. State of New York, 256 App. Div. 401; Miller v. State of New York, 229 App. Div. 423.)

The provisions of article XII-B of the Highway Law, relating to State arterial highways passing through cities and under which the work was done, do not sustain the claimants’ contention of statutory liability on the part of the State. (Jeran Realty Corp. v. State of New York, 194 Misc. 492.)

Let judgment be entered accordingly.

Free access — add to your briefcase to read the full text and ask questions with AI

Sylvester, J.

The State’s motion made during trial to dismiss each of the claims is granted. Damages to abutting owners for changes in grade of streets, as claimed herein, are damnum absque injuria. (Radcliff’s Executors v. Mayor of Brooklyn, 4 N. Y. 195; Sauer v. City of New York, 180 N. Y. 27, affd. 206 U. S. 536.) In the instant situation there may be no recovery against the State in the absence of statutory authorization therefor. (Sauer v. City of New York, supra; Matter of Young v. Kracke, 262 App. Div. 67, affd. 287 N. Y. 634; Burmaster v. State of New York, 186 App. Div. 131; West 158th St. Garage Corp. v. State of New York, 256 App. Div. 401; Miller v. State of New York, 229 App. Div. 423.)

The provisions of article XII-B of the Highway Law, relating to State arterial highways passing through cities and under which the work was done, do not sustain the claimants’ contention of statutory liability on the part of the State. (Jeran Realty Corp. v. State of New York, 194 Misc. 492.)

Let judgment be entered accordingly.

Cite This Page — Counsel Stack

Bluebook (online)

203 Misc. 93, 114 N.Y.S.2d 205, 1952 N.Y. Misc. LEXIS 2869, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ampfer-v-state-nyclaimsct-1952.

Opinion

Related

Cite This Page — Counsel Stack