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

Appellate Division of the Supreme Court of the State of New York·Decided December 15, 1918·No. Appeal No. 1·Published

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.

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

)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.

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

Pincite

186 A.D. 964 (Mitchell v. City of New York) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.