Nicholas v. Town of Johnstown

Appellate Division of the Supreme Court of New York

Nicholas v. Town of Johnstown

25 A.D.2d 690, 268 N.Y.S.2d 96, 1966 N.Y. App. Div. LEXIS 4686

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

DecidedMarch 28, 1966

StatusPublished

This text of 25 A.D.2d 690 (Nicholas v. Town of Johnstown) 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

Nicholas v. Town of Johnstown, 25 A.D.2d 690, 268 N.Y.S.2d 96, 1966 N.Y. App. Div. LEXIS 4686 (N.Y. Ct. App. 1966).

Pincite

Opinion

Per Curiam.

Appeal from an order of the Supreme Court at Special Term which dismissed, after a hearing at which evidence was adduced, the petition in a proceeding brought under section 197 of the Highway Law to recover damages resulting from a change of grade of a town highway adjacent to petitioner’s land. Upon this record, we cannot disturb the Special Term’s findings that: “According to the evidence adduced from these experts there appears to be a well recognized difference in the business or profession between a macadamized highway and a gravel and oil road. On the basis of the evidence submitted in this particular proceeding the Court finds that the petitioner has failed to establish that the town highway in question was macadamized within the meaning of Section 197.” If the statute requires modernization, this [691]*691question is, of course, for the Legislature. Order affirmed, without costs.

Gibson, P. J., Herlihy, Reynolds, Taylor and Aulisi, JJ., concur.

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Per Curiam.

Appeal from an order of the Supreme Court at Special Term which dismissed, after a hearing at which evidence was adduced, the petition in a proceeding brought under section 197 of the Highway Law to recover damages resulting from a change of grade of a town highway adjacent to petitioner’s land. Upon this record, we cannot disturb the Special Term’s findings that: “According to the evidence adduced from these experts there appears to be a well recognized difference in the business or profession between a macadamized highway and a gravel and oil road. On the basis of the evidence submitted in this particular proceeding the Court finds that the petitioner has failed to establish that the town highway in question was macadamized within the meaning of Section 197.” If the statute requires modernization, this [691]*691question is, of course, for the Legislature. Order affirmed, without costs.

Gibson, P. J., Herlihy, Reynolds, Taylor and Aulisi, JJ., concur.

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Bluebook (online)

25 A.D.2d 690, 268 N.Y.S.2d 96, 1966 N.Y. App. Div. LEXIS 4686, Counsel Stack Legal Research, https://law.counselstack.com/opinion/nicholas-v-town-of-johnstown-nyappdiv-1966.