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CITY NIAGARA FALLS v. NEW YORK CENTRAL RAILROAD COMPANY (01/16/69)

SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FOURTH DEPARTMENT


January 16, 1969

CITY OF NIAGARA FALLS, RESPONDENT-APPELLANT,
v.
NEW YORK CENTRAL RAILROAD COMPANY, APPELLANT-RESPONDENT, ET AL., DEFENDANTS

Appeals from order of Niagara County Court, confirming report of Commissioners of Appraisal.

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

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.

Disposition

Order unanimously affirmed without costs.

19690116

© 1998 VersusLaw Inc.



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