Queeno v. State

Appellate Division of the Supreme Court of New York

Queeno v. State

255 A.D. 941, 8 N.Y.S.2d 855, 1938 N.Y. App. Div. LEXIS 5918

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

DecidedNovember 23, 1938

DocketClaim No. 24172

StatusPublished

Cited by2 cases

This text of 255 A.D. 941 (Queeno 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

Queeno v. State, 255 A.D. 941, 8 N.Y.S.2d 855, 1938 N.Y. App. Div. LEXIS 5918 (N.Y. Ct. App. 1938).

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Opinion

—Judgment reversed on the law and a new trial granted, without costs of this appeal to any party. Memorandum: In this particular case the difference between the value of the land before and the value of the land after the appropriation is not the correct rule because as a part of the improvement there were changes in street locations which while injuring this property are damnum absque injuria. Therefore, there should be separate findings of the value of the land permanently appropriated and of the use of land temporarily appropriated and the amount of the damage to the remainder of the land not appropriated. As to the extent of the interest appropriated see Buffalo Valley Realty Co. v. State of New York (273 N. Y. 319). AH concur. (The judgment awards claimants damages for appropriation of realty.) Present — Sears, P. J., Crosby, Lewis, Cunningham and Taylor, JJ.

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—Judgment reversed on the law and a new trial granted, without costs of this appeal to any party. Memorandum: In this particular case the difference between the value of the land before and the value of the land after the appropriation is not the correct rule because as a part of the improvement there were changes in street locations which while injuring this property are damnum absque injuria. Therefore, there should be separate findings of the value of the land permanently appropriated and of the use of land temporarily appropriated and the amount of the damage to the remainder of the land not appropriated. As to the extent of the interest appropriated see Buffalo Valley Realty Co. v. State of New York (273 N. Y. 319). AH concur. (The judgment awards claimants damages for appropriation of realty.) Present — Sears, P. J., Crosby, Lewis, Cunningham and Taylor, JJ.

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Bluebook (online)

255 A.D. 941, 8 N.Y.S.2d 855, 1938 N.Y. App. Div. LEXIS 5918, Counsel Stack Legal Research, https://law.counselstack.com/opinion/queeno-v-state-nyappdiv-1938.

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