5 N.Y.S. 240 | N.Y. Sup. Ct. | 1889
The village of Tarrytown, an incorporated village of the state, in 1888 opened John street from its northerly end to Main street. The street before its extension had been a cul-de-sac. The petitioner conveyed to the village the right to extend - John street to Main street. The petitioner owned lands both upon the old and new parts of John street. After the opening of the new portion as a public highway, the village by resolution cut down and changed the surface and level of the street in both the old and new parts, so as to make the plaintiff’s lands from eighteen inches to Seven feet above the grade of the changed street. By chapter 113, Laws 1883, it is provided that when the grade of any street in any incorporated village shall be changed so as to interfere with the buildings or the use thereof, or when such change
Pratt, J., concurs.