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CITY OF NIAGARA FALLS v. NEW YORK CENT. R.R. CO.

31 A.D.2d 780 (1969)

City of Niagara Falls, Respondent-Appellant, v. New York Central Railroad Company, Appellant-Respondent, et al., Defendants

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

January 16, 1969

Order unanimously affirmed without costs.

Memorandum:

This being a condemnation proceeding as distinguished from an appropriation case, 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...

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