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MATTER OF GRAB

Court of Appeals of the State of New York
Oct 18, 1898
51 N.E. 398 (N.Y. 1898)

Opinion

Submitted October 5, 1898

Decided October 18, 1898

J. Addison Young for appellant.

John J. Crennan and Michael J. Tierney for respondent.


John Grab, the owner of real estate in the village of New Rochelle, claiming to be aggrieved by a change of grade in the street in front of his property, instituted this proceeding for the purpose of securing damages which he claimed to have sustained. Such proceedings were had therein that the court, at Special Term, appointed three commissioners to ascertain the amount of the damages. From that order an appeal was taken to the Appellate Division, second department, where it was affirmed, and from that order a further appeal was taken to this court.

The appeal must be dismissed, for while the order is in a special proceeding, it is not a final order and, therefore, this court has not jurisdiction to review it. (Code Civil Procedure, § 190.)

The appeal should be dismissed, with costs.

All concur.

Appeal dismissed.


Summaries of

MATTER OF GRAB

Court of Appeals of the State of New York
Oct 18, 1898
51 N.E. 398 (N.Y. 1898)
Case details for

MATTER OF GRAB

Case Details

Full title:In the Matter of the Application of JOHN GRAB, Respondent, for the…

Court:Court of Appeals of the State of New York

Date published: Oct 18, 1898

Citations

51 N.E. 398 (N.Y. 1898)
51 N.E. 398

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