Powers v. City of New York
This text of 194 A.D. 912 (Powers 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.
Opinion
Judgment reversed and new trial granted, with costs to appellant. The errors necessitating the reversal of the judgment on the former appeal (Powers v. City of New York, 187 App. Div. 896) were repeated upon the second trial. The decision of this court was the law of the case on the second trial. We consider the award of rental and fee damage to the plaintiff excessive, especially in view of awards made in cases of similar property similarly located, one parcel being on the next [913]*913corner to plaintiff. (Bakerman v. City of New York, 186 App. Div. 907.) The 31st, 33d, 34th, 37th, 38th, 40th, 41st, 42d, 43d and 45th findings of fact, and all of the conclusions of law are reversed as contrary to the evidence. Jenks, P. J., Rich, Putnam, Blaekmar and Kelly, JJ., concur. Settle order on notice.
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194 A.D. 912, Counsel Stack Legal Research, https://law.counselstack.com/opinion/powers-v-city-of-new-york-nyappdiv-1920.