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City of Niagara Falls v. New York Central Railroad

Appellate Division of the Supreme Court of New York, Fourth Department
Jan 16, 1969
31 A.D.2d 780 (N.Y. App. Div. 1969)

Summary

In City of Niagara Falls v. New York Cent. R.R. Co. (31 A.D.2d 780) we stated that in a condemnation proceeding, as distinguished from an appropriation case, the power of the court to review is strictly limited.

Summary of this case from Niagara Falls Urban Renewal v. Harkins

Opinion

January 16, 1969

Appeal from the Niagara County Court.

Present — Bastow, P.J., Goldman, Del Vecchio, Witmer and Henry, JJ.


Order unanimously affirmed without costs. Memorandum: This being a condemnation proceeding as distinguished from an appropriation case, the power of the court to review the award of the Commissioners is strictly limited. ( Matter of Huie, 2 N.Y.2d 168. ) We find no irregularities in the proceeding, the award is not based on an erroneous principle of law and it does not shock the sense of justice or conscience of the court.


Summaries of

City of Niagara Falls v. New York Central Railroad

Appellate Division of the Supreme Court of New York, Fourth Department
Jan 16, 1969
31 A.D.2d 780 (N.Y. App. Div. 1969)

In City of Niagara Falls v. New York Cent. R.R. Co. (31 A.D.2d 780) we stated that in a condemnation proceeding, as distinguished from an appropriation case, the power of the court to review is strictly limited.

Summary of this case from Niagara Falls Urban Renewal v. Harkins
Case details for

City of Niagara Falls v. New York Central Railroad

Case Details

Full title:CITY OF NIAGARA FALLS, Respondent-Appellant, v. NEW YORK CENTRAL RAILROAD…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Jan 16, 1969

Citations

31 A.D.2d 780 (N.Y. App. Div. 1969)

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