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BOMPTIN REALTY CO., INC. v. CITY OF NEW YORK

276 A.D. 1094 (1950)

Bomptin Realty Co., Inc., Respondent, v. City of New York, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

April 17, 1950.

The rule of damages applicable to this case is the cost of removal of the materials so deposited or the depreciation in value of the property by reason of the wrongful depositing of the same, whichever amount shall be the lesser. (Hartshorn v. Chaddock, 135 N.Y. 116, 122; Slavin v. State of New York, 152 N.Y. 45, 48; Cooper v. New York L. & W. Ry. Co., 122 App. Div. 128, 131; Hamilton Bldg. Co. v. Rapid Tr. Subway Constr. Co., 190 App. Div...

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