Opinion
April 1, 1996
Appeal from the Supreme Court, Queens County (Lerner, J.).
Ordered that the appeal from the order dated June 2, 1994, is dismissed, as that order was superseded by the order dated November 2, 1994, made upon reargument; and it is further,
Ordered that the order dated November 2, 1994, is affirmed insofar as appealed from; and it is further,
Ordered that the defendant is awarded one bill of costs.
Contrary to the plaintiff's contention, the Supreme Court correctly found that Administrative Code of the City of New York § 3-318 (a) (2) applied as to the first and fifth causes of action of the plaintiff's complaint. The plaintiff alleged only consequential damages resulting from the City's act in regrading a street abutting the plaintiff's property. It is well settled that an abutting landowner has no constitutional right to recover damages for a change of grade and is only entitled to such damages as have been expressly authorized by the Legislature ( see, People ex rel. Architects' Offs. v. Ormond, 201 App. Div. 787, affd 234 N.Y. 549; Sauer v. City of New York, 180 N.Y. 27, affd 206 U.S. 536; Radcliff's Ex'rs v. Mayor of City of N.Y., 4 N.Y. 195; Mellilo v. Kracke, 261 App. Div. 631).
To be entitled to damages pursuant to Administrative Code of the City of New York § 3-318, a party must establish, inter alia, that there were damages to buildings and improvements which resulted from a change in grade. We agree with the Supreme Court that the plaintiff did not allege damages to any building or improvement. Copertino, J.P., Pizzuto, Friedmann and McGinity, JJ., concur.