City of Niagara Falls v. New York Central Railroad

Appellate Division of the Supreme Court of New York

City of Niagara Falls v. New York Central Railroad

31 A.D.2d 780, 297 N.Y.S.2d 39, 1969 N.Y. App. Div. LEXIS 4759

Appellate Division of the Supreme Court of the State of New York·Decided January 16, 1969·Published·Cited by 3 cases

Opinion

Order unanimously affirmed without costs. Memorandum: This being a condemnation proceeding as distinguished from an appropriation ease, the power of the court to review the award of the Commissioners is strictly limited. (Matter of Huie, 2 N Y 2d 168.) We find no irregularities in the proceeding, the award is not based on an erroneous principle of law and it does not shock the sense of justice or conscience of the court. (Appeals from order of Niagara County Court, confirming report of Commissioners of Appraisal.) Present — Bastow, P. J., Goldman, Del Veeehio, Witmer and Henry, J J.

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Order unanimously affirmed without costs. Memorandum: This being a condemnation proceeding as distinguished from an appropriation ease, the power of the court to review the award of the Commissioners is strictly limited. (Matter of Huie, 2 N Y 2d 168.) We find no irregularities in the proceeding, the award is not based on an erroneous principle of law and it does not shock the sense of justice or conscience of the court. (Appeals from order of Niagara County Court, confirming report of Commissioners of Appraisal.) Present — Bastow, P. J., Goldman, Del Veeehio, Witmer and Henry, J J.

City of Niagara Falls v. New York Central Railroad, 31 A.D.2d 780, 297 N.Y.S.2d 39, 1969 N.Y. App. Div. LEXIS 4759 (N.Y. Ct. App. 1969).

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Opinion

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