Buffalo Valley Realty Co. v. State

Appellate Division of the Supreme Court of New York

Buffalo Valley Realty Co. v. State

248 A.D. 674

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMay 15, 1936

DocketClaim No. 21937

StatusPublished

This text of 248 A.D. 674 (Buffalo Valley Realty Co. v. State) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Buffalo Valley Realty Co. v. State, 248 A.D. 674 (N.Y. Ct. App. 1936).

Pincite

Opinion

— Judgment reversed on the law, with costs, and claim dismissed. Memorandum: The preliminary notice according to its terms was informal and “ for information only.” No formal notice was ever furmshed. The informal notice, description and map (Exhibit 12) filed October 29, 1931, were never legally served on claimant. (Laws of 1928, chap. 678, § 5, subds. 4, 5.) Therefore, the Public Service Commission had the right to “ withdraw ” these documents (Subd. 3-b of said § 5, in effect April 15, 1929). TMs it did by a certificate of withdrawal on June 14,1932. Whereupon, pursuant to subdivision 3-b all rights under ExMbit 12 ceased and were determined. There having been no appropriation of the land in question (parcel No. 7, contaimng .004 of an acre of land) no consequential damage can be awarded. (Van Aken v. State of New York, 261 N. Y. 360; Miller v. State of New York, 229 App. Div. 423.) All concur. (The judgment awards damages for appropriation of land for grade crossing elimination.) Present — Taylor, Edgeomb, Thompson, Crosby and Lewis, JJ.

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

— Judgment reversed on the law, with costs, and claim dismissed. Memorandum: The preliminary notice according to its terms was informal and “ for information only.” No formal notice was ever furmshed. The informal notice, description and map (Exhibit 12) filed October 29, 1931, were never legally served on claimant. (Laws of 1928, chap. 678, § 5, subds. 4, 5.) Therefore, the Public Service Commission had the right to “ withdraw ” these documents (Subd. 3-b of said § 5, in effect April 15, 1929). TMs it did by a certificate of withdrawal on June 14,1932. Whereupon, pursuant to subdivision 3-b all rights under ExMbit 12 ceased and were determined. There having been no appropriation of the land in question (parcel No. 7, contaimng .004 of an acre of land) no consequential damage can be awarded. (Van Aken v. State of New York, 261 N. Y. 360; Miller v. State of New York, 229 App. Div. 423.) All concur. (The judgment awards damages for appropriation of land for grade crossing elimination.) Present — Taylor, Edgeomb, Thompson, Crosby and Lewis, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

248 A.D. 674, Counsel Stack Legal Research, https://law.counselstack.com/opinion/buffalo-valley-realty-co-v-state-nyappdiv-1936.

Opinion

Related

Cite This Page — Counsel Stack