Appellate Division of the Supreme Court of New York, 1918

Mitchell v. City of New York

Mitchell v. City of New York
Appellate Division of the Supreme Court of New York · Decided December 15, 1918
186 A.D. 964
Mitchell v. City of New York

Opinion of the Court

)The negative findings as to the absence of proof of damage are sustained by the evidence. Opinions of experts that this elevated station has caused a reduction of rental value cannot overcome the actual fact of an increase of such rents, and there is no basis to assume that these conditions will not continue. Hence there was no warrant for more than nominal damages. Judgment unanimously affirmed, with costs. Present — Jenks, P. J., Mills, Rich, Putnam and Kelly, JJ.

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