Mitchell v. City of New York

Full title: LEWIS G. MITCHELL, Appellant, v. THE CITY OF NEW YORK and Others…

Court: Appellate Division of the Supreme Court of New York, Second Department

Date published: Dec 1, 1918

186 App. Div. 964 (N.Y. App. Div. 1918)

Opinion

December, 1918.

Present — Jenks, P.J., Mills, Rich, Putnam and Kelly, JJ.

The negative findings as to the absence of proof of damage are sustained by the evidence. Opinions of experts that this elevated station has caused a reduction of rental value cannot overcome the actual fact of an increase of such rents, and there is no basis to assume that these conditions will not continue. Hence there was no warrant for more than nominal damages. Judgment unanimously affirmed, with costs.