In re County of Westchester

Appellate Division of the Supreme Court of New York

In re County of Westchester

235 A.D. 855

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

DecidedMay 15, 1932

StatusPublished

This text of 235 A.D. 855 (In re County of Westchester) 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

In re County of Westchester, 235 A.D. 855 (N.Y. Ct. App. 1932).

Pincite

Opinion

Appeal from order of the Special Term, Westchester county, giving directions to commissioners of appraisal with respect to a rule of damages dismissed, without costs. The order is not appealable. (Condemnation Law, § 19.) The Special Term, however, was without power to make such an order. The commissioners of appraisal, however, can pursue a course that wiE avoid unnecessary rehearings so far as the award of damages with respect to temporary easements is concerned. They can receive the evidence on the two conflicting theories and make an award upon the theory which they accept as the sound one. In the event that their award is based upon the erroneous theory, a new award can be readily made upon the findings granted upon the other theory. Lazansky, P. J., Kapper, Hagarty, CarsweE and Davis, JJ., concur..

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

Appeal from order of the Special Term, Westchester county, giving directions to commissioners of appraisal with respect to a rule of damages dismissed, without costs. The order is not appealable. (Condemnation Law, § 19.) The Special Term, however, was without power to make such an order. The commissioners of appraisal, however, can pursue a course that wiE avoid unnecessary rehearings so far as the award of damages with respect to temporary easements is concerned. They can receive the evidence on the two conflicting theories and make an award upon the theory which they accept as the sound one. In the event that their award is based upon the erroneous theory, a new award can be readily made upon the findings granted upon the other theory. Lazansky, P. J., Kapper, Hagarty, CarsweE and Davis, JJ., concur..

Cite This Page — Counsel Stack

Bluebook (online)

235 A.D. 855, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-county-of-westchester-nyappdiv-1932.