Mitchell v. City of New York

Appellate Division of the Supreme Court of New York

Mitchell v. City of New York

186 A.D. 964

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

DecidedDecember 15, 1918

DocketAppeal No. 1

StatusPublished

This text of 186 A.D. 964 (Mitchell v. City of New York) 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

Mitchell v. City of New York, 186 A.D. 964 (N.Y. Ct. App. 1918).

Pincite

Opinion

)The negative findings as to the absence of proof of damage are sustained by the evidence. Opinions of experts that this elevated station has caused a reduction of rental value cannot overcome the actual fact of an increase of such rents, and there is no basis to assume that these conditions will not continue. Hence there was no warrant for more than nominal damages. Judgment unanimously affirmed, with costs. Present — Jenks, P. J., Mills, Rich, Putnam and Kelly, JJ.

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)The negative findings as to the absence of proof of damage are sustained by the evidence. Opinions of experts that this elevated station has caused a reduction of rental value cannot overcome the actual fact of an increase of such rents, and there is no basis to assume that these conditions will not continue. Hence there was no warrant for more than nominal damages. Judgment unanimously affirmed, with costs. Present — Jenks, P. J., Mills, Rich, Putnam and Kelly, JJ.

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Bluebook (online)

186 A.D. 964, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mitchell-v-city-of-new-york-nyappdiv-1918.