Appellate Division of the Supreme Court of New York, 1969

City of Niagara Falls v. New York Central Railroad

City of Niagara Falls v. New York Central Railroad
Appellate Division of the Supreme Court of New York · Decided January 16, 1969
31 A.D.2d 780; 297 N.Y.S.2d 39; 1969 N.Y. App. Div. LEXIS 4759
City of Niagara Falls v. New York Central Railroad

Opinion of the Court

Order unanimously affirmed without costs. Memorandum: This being a condemnation proceeding as distinguished from an appropriation ease, 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. (Appeals from order of Niagara County Court, confirming report of Commissioners of Appraisal.) Present — Bastow, P. J., Goldman, Del Veeehio, Witmer and Henry, J J.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.