AMPFER v. STATE OF NEW YORK


203 Misc. 93 (1952)

Fred C. Ampfer, Claimant, v. State of New York, Defendant. (Claim No. 29821.) Louis Bartolozzi et al., Claimants, v. State of New York, Defendant. (Claim No. 29822.) Harry Bergstrom et al., Claimants, v. State of New York, Defendant. (Claim No. 29823.) Louis A. Corwin et al., Claimants, v. State of New York, Defendant. (Claim No. 29824.) Christine Eiblmeyer, Claimant, v. State of New York, Defendant. (Claim No. 29825.) Henry Ernst et al., Claimants, v. State of New York, Defendant. (Claim No. 29826.) John Ernst et al., Claimants, v. State of New York, Defendant. (Claim No. 29827.) Theresia Gruner, Claimant, v. State of New York, Defendant. (Claim No. 29828.) John Keifer et al., Claimants, v. State of New York, Defendant. (Claim No. 29829.) Louise R. Lejeune, Claimant, v. State of New York, Defendant. (Claim No. 29830.) Fred Petermann et al., Claimants, v. State of New York, Defendant. (Claim No. 29831.) Frederick Troendle et al., Claimants, v. State of New York, Defendant. (Claim No. 29832.) Roman Catholic Church of Our Lady of the Cenacle, Claimant, v. State of New York, Defendant. (Claim No. 29863.)

Court of Claims.

June 30, 1952.


Attorney(s) appearing for the Case

Isidor Bleich for claimants.

Nathaniel L. Goldstein, Attorney-General (Burns F. Barford of counsel), for defendant.


SYLVESTER, J.

The State's motion made during trial to dismiss each of the claims is granted. Damages to abutting owners for changes in grade of streets, as claimed herein, are damnum absque injuria. (Radcliff's Executors v. Mayor of Brooklyn, 4 N.Y. 195; Sauer v. City of New York, 180 N.Y. 27, affd. 206 U.S. 536.) In the instant situation there may be no recovery...

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