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ROMAN CATHOLIC CHURCH OF OUR LADY OF CENACLE v. CITY OF NEW YORK

278 A.D. 1010 (1951)

Roman Catholic Church of Our Lady of the Cenacle et al., Respondents, v. City of New York, Appellant

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

July 2, 1951.

Order reversed on the law, with $10 costs and disbursements, and motion granted, without costs.

Damage caused by a change of grade to real property abutting on a street is damnum absque injuria, in the absence of legislation authorizing such damages. (Sauer v. City of New York, 180 N.Y. 27, affd. 206 U.S. 536.) The parties are agreed that the board of assessors of the city of New York cannot award damages for change of...

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