243 A.D. 736 | N.Y. App. Div. | 1935
Final decree reversed on the law and a new trial granted, costs to appellants to abide the event. This proceeding was instituted under section 92 of the Railroad Law and certain provisions of the charter of the city of New York for the acquisition of title to property. Respondent was the owner of a plot of ground situated in Jamaica on the fine of the Long Island railroad and at a level with it and with a railroad siding running into it. The property, upon wMeh respondent conducted a wholesale and retail lumber business, had a frontage of about 637 feet along the line of the railroad and a depth of about 575 feet. A triangular piece adjacent to the railroad right-of-way and having a frontage of fifteen feet on New York avenue and running thence in an easterly direction about 207 feet, was taken. The property taken was filled in, a retaining wall erected and additional tracks built on the new roadbed, one of which was located on the triangular strip taken. The new roadbed was elevated about twenty-five feet above grade. The elevation of all the tracks to the new grade caused the siding to be discontinued. The siding was not on the property acquired and was