In re City of New York
Opinion of the Court
Proceedings in condemnation for the widening of Northern boulevard and providing an approach to a high level bridge over Flushing river, and for the construction of a ramp on said approach, etc.' The city appeals from so much of the final decree as awards consequential damages to the owners of damage parcels 46, 47, 48 and 51. Decree modified by striking therefrom, without prejudice, the awards for the consequential damages to the owners of damage parcels 46, 47, 48 and as thus modified unanimously affirmed, in so far as appealed from, with costs against appeHant to the owner of damage parcel 51 and to appeHant as against the owners of damage parcels 46, 47 and 48. The owner of land taken is entitled to the value thereof and also to damages to the remainder of the parcel not taken, by reason of severance and the use to which the property taken is to be put. (County of Erie v. Fridenberg, 221 N. Y. 389, 393; Matter of Jaquino Realty Corporation v. Ormond, 217 App. Div. 76, 82; Matter of Bd. of Public Improvements, 99 id. 576, 577, 580.) The taking here was in trust for street purposes only. That part of the widened street utilized as and for an approach to the bridge is a use for street purposes. (Matter of City of New York [Harlem River Bridge], 174 N. Y. 26.) That part of the approach or widened street upon which is constructed a ramp is, however, not utilized for a street use. (Matter of City of New York [Harlem River Bridge], 174 N. Y. 26, 35.) In so far as damage parcel 51 is concerned, it is conceded that the ramp is constructed or to be constructed in part upon that parcel. Therefore, the remainder of the original parcel from which damage parcel 51 was severed is entitled to consequential damages by reason of the use to which the property taken is to be put, involving, as it does, a physical entry and appropriation on the part of the city to the exclusion of the pubKc and adjoining owners. That owner, therefore, was entitled to consequential damages under the rule stated in South
Case-law data current through December 31, 2025. Source: CourtListener bulk data.