National Biscuit Co. v. State
| Decision Date | 22 February 1962 |
| Citation | 11 N.Y.2d 743,226 N.Y.S.2d 445 |
| Parties | , 181 N.E.2d 457 NATIONAL BISCUIT COMPANY, Appellant, v. The STATE of New York, Respondent. |
| Court | New York Court of Appeals Court of Appeals |
Appeal from Supreme Court, Appellate Division, Fourth Department, 14 A.D.2d 729, 219 N.Y.S.2d 905.
The claimant filed a claim against the State of New York for damages for the appropriation by the State of realty and a permanent easement.
The Court of Claims, Charles T. Major, J., 24 Misc.2d 106, 203 N.Y.S.2d 462, rendered a judgment, and the State appealed, and the claimant cross-appealed.
The Appellate Division, 12 A.D.2d 998, 211 N.Y.S.2d 435, reversed the judgment on the law and the facts and granted a new trial with direction to determine what damages, if any, the claimant sustained because of the change of grade of an arterial highway in front of the claimant's realty.
The Appellate Division, on reargument, 14 A.D.2d 729, 219 N.Y.S.2d 905, vacated the prior order, modified the judgment of the Court of Claims on the law and the facts to reduce the amount of the claimant's recovery, and held that the claimant was not entitled to recover for the lowering of a boulevard, so that the claimant did not have access to the boulevard, where there was free and uninterrupted access to an adjoining service road.
The claimant appealed to the Court of Appeals, contrnding that the claimant had been deprived of its property without just compensation in violation of the state and federal Constitutions, and that the action of the agencies and employees of the state, as interpreted by the Appellate Division, constituted impairment of the obligation of a contract in violation of the federal Constitution. Costello, Cooney & Fearon, Syracuse (George R. Fearon and James A. Martin, Syracuse, of counsel), for claimant-appellant.
Louis J. Lefkowitz, Atty. Gen. , for respondent.
Judgment affirmed, with costs (Selig v. State of New York, 10 N.Y.2d 34, 217 N.Y.S.2d 33, 176 N.E.2d 59). This Court certifies that there were presented and necessarily passed upon questions under the Constitution of the United States, viz.: the appellant contended that it has been deprived of its property without just compensation in violation of due process and that the alleged appropriation constituted an impairment of its contractual rights under the Constitution of the United States. This Court held that appellant's constitutional...
To continue reading
Request your trial
-
Red Apple Rest, Inc. v. State
...National Biscuit Co. v. State of New York, 12 A.D.2d 998, 211 N.Y.S.2d 435, mod. 14 A.D.2d 729, 219 N.Y.S.2d 905, affd. 11 N.Y.2d 743, 226 N.Y.S.2d 445, 181 N.E.2d 457, cert. den. 370 U.S. 924, 82 S.Ct. 1566, 8 L.Ed.2d 504 * * *). * * * As for circuity of access, an abutting owner has no le......
-
La Briola v. State
...826, 86 S.Ct. 60, 15 L.Ed.2d 71 and National Biscuit Co. v. State of New York, 14 A.D.2d 729, 219 N.Y.S.2d 905, affd., 11 N.Y.2d 743, 226 N.Y.S.2d 445, 181 N.E.2d 457, cert. den., 370 U.S. 924, 82 S.Ct. 1566, 8 L.Ed.2d 504; Nettleton Co. v. State of New York, 11 A.D.2d 899, 202 N.Y.S.2d 102......
-
Red Apple Rest., Inc. v. State
...217 N.Y.S.2d 33, 176 N.E.2d 59; National Biscuit Company v. State of New York, 14 A.D.2d 729, 219 N.Y.S.2d 905, affd. 11 N.Y.2d 743, 226 N.Y.S.2d 445, 181 N.E.2d 457; Northern Lights Shopping Center v. State of New York, 20 A.D.2d 415, 247 N.Y.S.2d 333, affd. 15 N.Y.2d 688, 256 N.Y.S. 134, ......
-
Northern Lights Shopping Center, Inc. v. State
...National Biscuit Co. v. State of New York, 12 A.D.2d 998, 211 N.Y.S.2d 435, mod. 14 A.D.2d 729, 219 N.Y.S.2d 905, affd. 11 N.Y.2d 743, 226 N.Y.S.2d 445, 181 N.E.2d 457, cert. den. 370 U.S. 924, 82 S.Ct. 1566, 8 L.Ed.2d 504 [claimant not entitled, as abutting owner on street as it existed pr......