Home/New York Court of Appeals/Delaware, Lackawanna & Western Railroad v. Fengler

Delaware, Lackawanna & Western Railroad v. Fengler

42 N.E.2d 6, 288 N.Y. 141, 1942 N.Y. LEXIS 1067
CourtNew York Court of Appeals
DecidedApril 23, 1942
StatusPublished
Cited by9 cases

This text of 42 N.E.2d 6 (Delaware, Lackawanna & Western Railroad v. Fengler) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Delaware, Lackawanna & Western Railroad v. Fengler, 42 N.E.2d 6, 288 N.Y. 141, 1942 N.Y. LEXIS 1067 (N.Y. 1942).

Opinion

Per Curiam.

Nothing in the statute authorizes the Supreme Court to determine in the condemnation proceedings as part of “ the judgment or award ” that reasonable compensation to attorneys is an “expense” of acquisition of land within the meaning of subdivision 1 of section 8 of the Syracuse Grade Crossing Act (L. 1928, ch. 825) or to direct payment of such expense out of state moneys. Even assuming that such compensation might in proper case be regarded as “ expense ” within the meaning of the statute, the plaintiff is not entitled to reimbursement from state moneys for such expense except “ on vouchers approved by the Syracuse Commission, after audit by and on the warrant of the comptroller,” as provided in subdivision 1 of section 7 of the Syracuse act. Chapter 289 of the Laws of 1939 has not changed that provision.

The order should be affirmed, without costs.

Lehman, Ch. J., Loughran, Finch, Rippey, Lewis, Conway and Desmond, JJ., concur.

Order affirmed.

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Bluebook (online)
42 N.E.2d 6, 288 N.Y. 141, 1942 N.Y. LEXIS 1067, Counsel Stack Legal Research, https://law.counselstack.com/opinion/delaware-lackawanna-western-railroad-v-fengler-ny-1942.