Napoletan v. State

Appellate Division of the Supreme Court of New York

Napoletan v. State

284 A.D. 823, 132 N.Y.S.2d 192, 1954 N.Y. App. Div. LEXIS 3563

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

DecidedJuly 8, 1954

DocketClaim No. 30732; Claim No. 30836; Claim No. 30792

StatusPublished

This text of 284 A.D. 823 (Napoletan v. State) 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

Napoletan v. State, 284 A.D. 823, 132 N.Y.S.2d 192, 1954 N.Y. App. Div. LEXIS 3563 (N.Y. Ct. App. 1954).

Pincite

Opinion

Appeals from judgments of the Court of Claims. These three appeals turn upon a common question, i.e., the location of the south line of the TroyScheneetady road in the town of Niskayuna, Schenectady County, prior to an appropriation of land by the State on March 1, 1949, for highway purposes. Claimants fix the north line of their property adjoining the south side of the highway on a calculation based on a measurement from the south rail of a former trolley line which occupied a portion of the highway and based also in part on the location of their property in relation to the highway as shown by an official town map. But from the width of the original highway as first established by an act of the Legislature and from calculations based upon such width and on measurements made from the center line, by reference to structures on the north side of the highway as a basis for calculations, and on other proof, the court accepted the State’s theory of location of the south line of the road and made awards accordingly. The map made by the town was not controlling on the court. We deem the decision thus made to be in accordance with the weight of the evidence and consistent with law. On the basis of the quantities found by the Court of Claims to have been taken we regard the awards in each claim adequate and the judgments are accordingly affirmed, with costs to the respondent. Foster, P. J., Bergan, Halpern and Imrie, JJ., concur; Coon, J., not voting.

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

Appeals from judgments of the Court of Claims. These three appeals turn upon a common question, i.e., the location of the south line of the TroyScheneetady road in the town of Niskayuna, Schenectady County, prior to an appropriation of land by the State on March 1, 1949, for highway purposes. Claimants fix the north line of their property adjoining the south side of the highway on a calculation based on a measurement from the south rail of a former trolley line which occupied a portion of the highway and based also in part on the location of their property in relation to the highway as shown by an official town map. But from the width of the original highway as first established by an act of the Legislature and from calculations based upon such width and on measurements made from the center line, by reference to structures on the north side of the highway as a basis for calculations, and on other proof, the court accepted the State’s theory of location of the south line of the road and made awards accordingly. The map made by the town was not controlling on the court. We deem the decision thus made to be in accordance with the weight of the evidence and consistent with law. On the basis of the quantities found by the Court of Claims to have been taken we regard the awards in each claim adequate and the judgments are accordingly affirmed, with costs to the respondent. Foster, P. J., Bergan, Halpern and Imrie, JJ., concur; Coon, J., not voting.

Cite This Page — Counsel Stack

Bluebook (online)

284 A.D. 823, 132 N.Y.S.2d 192, 1954 N.Y. App. Div. LEXIS 3563, Counsel Stack Legal Research, https://law.counselstack.com/opinion/napoletan-v-state-nyappdiv-1954.