Red Apple Rest, Inc. v. McMorran
| Citation | 188 N.E.2d 137,237 N.Y.S.2d 707,12 N.Y.2d 203 |
| Parties | , 188 N.E.2d 137 RED APPLE REST, INC., et al., Appellants, v. J. Burch McMORRAN, Superintendent of Public Works of the State of New York, Respondent. |
| Decision Date | 23 January 1963 |
| Court | New York Court of Appeals |
John R. Davison and Rose M. Fredrickson, Albany, for appellants.
Louis J. Lefkowitz, Atty. Gen. (Paxton Blair and Julius L. Sackman, Albany, of counsel), for respondent.
In this case, it is argued by appellants, by permission and upon an agreed statement of facts, that the State, acting through the Superintendent of Public Works, was not authorized to erect guardrails in front of a portion of appellants' premises which abut upon a State highway, known as Route 17, in the vicinity of Southfields, Orange County, New York. We think, to the contrary, that under the Highway Law, and under the police power, and to effectuate a reasonably safe channelling of traffic, the State had a right to erect upon the property appropriated the guardrails in question. The guardrails, as erected, did not create a nonaccess highway or bar access to the premises in question but left ample room for ingress and egress.
While the issue raised herein might have been reached by a proceeding under article 78 of the Civil Practice Act, the Appellate Division nevertheless had jurisdiction to entertain the issue raised in such a submission.
Judgment affirmed, without costs.
Judgment affirmed.
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Red Apple Rest, Inc. v. State
...with plaintiffs' right of access to and from Route 17. The Court of Appeals in the case of Red Apple Rest, Inc., et al. v. McMorran, 12 N.Y.2d 203, 206, 237 N.Y.S.2d 707, 708, 188 N.E.2d 137, 138, 'We think, to the contrary, that under the Highway Law, and under the police power, and to eff......
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Columbus Holding Corp. v. State, 48114
...power has been so clearly established as a valid exercise of the police power as to be beyond question. Red Apple Rest, Inc. v. McMorran, 12 N.Y.2d 203, 237 N.Y.S.2d 707, 188 N.E.2d 137; Northern Lights Shopping Center, Inc. v. State of New York, 15 N.Y.2d 688, 256 N.Y.S.2d 134, 204 N.E.2d ......
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Northern Lights Shopping Center, Inc. v. State
...of travel and, accordingly, damages resulting from reasonable traffic regulations are noncompensable (Red Apple Rest, Inc. v. McMorran, 12 N.Y.2d 203, 237 N.Y.S.2d 707, 188 N.E.2d 137; McHale v. State of New York, 278 App.Div. 886, 104 N.Y.S.2d 981, affd. 304 N.Y. 674, 107 N.E.2d 593; Covey......
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Red Apple Rest., Inc. v. State
...areas. Claimant further asserts that this is a difficult and dangerous maneuver. In a prior case, Red Apple Rest v. McMorran, 12 N.Y.2d 203, 206, 237 N.Y.S.2d 707, 708, 188 N.E.2d 137, 138, the Court of Appeals stated: 'the State had a right to erect upon the property appropriated the guard......