Matter of Grab

New York Court of Appeals

Matter of Grab

51 N.E. 398, 157 N.Y. 69, 11 E.H. Smith 69, 1898 N.Y. LEXIS 560

CourtNew York Court of Appeals

DecidedOctober 18, 1898

StatusPublished

Cited by4 cases

This text of 51 N.E. 398 (Matter of Grab) 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

Matter of Grab, 51 N.E. 398, 157 N.Y. 69, 11 E.H. Smith 69, 1898 N.Y. LEXIS 560 (N.Y. 1898).

Pincite

Opinion

Per Curiam.

John Grab, the owner of real estate in the village of New Rochelle, claiming to be aggrieved by a change of grade in the street in front of his property, instituted this proceeding for the purpose of securing damages which he claimed to have sustained. Such proceedings were had therein that the court, at Special Term, appointed three commissioners to ascertain the amount of the damages. From that order an appeal was taken to the Appellate Division, second department, where it was affirmed, and from that order a further appeal was taken to this court.

The appeal must be dismissed, for while the order is in a special proceeding, it is not a final order and, therefore, this court has not jurisdiction to review it. (Code Civil Procedure, § 190.)

The appeal should be dismissed, with costs.

All concur.

Appeal dismissed.

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

Per Curiam.

John Grab, the owner of real estate in the village of New Rochelle, claiming to be aggrieved by a change of grade in the street in front of his property, instituted this proceeding for the purpose of securing damages which he claimed to have sustained. Such proceedings were had therein that the court, at Special Term, appointed three commissioners to ascertain the amount of the damages. From that order an appeal was taken to the Appellate Division, second department, where it was affirmed, and from that order a further appeal was taken to this court.

The appeal must be dismissed, for while the order is in a special proceeding, it is not a final order and, therefore, this court has not jurisdiction to review it. (Code Civil Procedure, § 190.)

The appeal should be dismissed, with costs.

All concur.

Appeal dismissed.

Cite This Page — Counsel Stack

Bluebook (online)

51 N.E. 398, 157 N.Y. 69, 11 E.H. Smith 69, 1898 N.Y. LEXIS 560, Counsel Stack Legal Research, https://law.counselstack.com/opinion/matter-of-grab-ny-1898.

Opinion

Related

Cite This Page — Counsel Stack