5 Misc. 585

Lindheim v. New York Elevated Railroad Company and Manhattan Railway Company.

Appeal by defendants from a judgment for plaintiff which was entered on the report of a referee.

Action to restrain the maintenance and operation of defendants’ elevated railroad in the street in front of plaintiff’s premises, and to recover for past damage to the rental value thereof.

*586J. Aspinwall Hodge, Jr., for plaintiff (respondent).

R. L. Maynard, for defendants (appellants).

Per Curiam.

Neither the amount of past damages awarded, nor the sum fixed by the referee as compensation for damage to the fee, upon payment of which the injunction directed to issue is to become inoperative, appears to be excessive. The evidence is identical with that in the Struthers case, and affects the next adjoining premises. The grounds urged for reversal on this appeal do not differ from those already considered and held by us to be invalid. Struthers v. N. Y. Elev. R. R. Co. et al., ante, page 239.

Judgment affirmed, with costs.

Lindheim v. New York Elevated Railroad
5 Misc. 585

Case Details

Lindheim v. New York Elevated Railroad
Decision Date
Jan 1, 1970

5 Misc. 585

New York



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