138 N.Y. 181 | NY | 1893
The plaintiff owns a lot abutting upon First avenue, in the city of New York, through which the elevated railroad was constructed, and he commenced this action in the usual form to recover damages and for an injunction. At the Special Term the court found the rental damages to be $1,580, and the fee damage $1,700, and granted judgment in the usual form in this class of cases.
After the commencement of this action the defendants instituted condemnation proceedings for the purpose of acquiring the property interests of the plaintiff in the avenue in front of his lot. The proceedings were instituted under the General Railroad Act of 1850, and the acts amendatory thereof. Commissioners of appraisal were appointed, and after hearing the parties, they made their report to the Supreme Court by which they appraised the value of the plaintiff's property interests at $1,700. Upon motion of the defendants that report was confirmed by the Special Term, and an order of confirmation *183 was duly entered. Upon the trial of this action for the purpose of establishing the value of the property interests of the plaintiff in the avenue, the condemnation proceedings, including the final order of confirmation, were introduced in evidence, and the court held that the defendants were concluded by the value of the plaintiff's property interests as thus determined. The defendants now complain of this ruling as erroneous, and solely on account thereof seek to have this judgment reversed.
We think the determination in the condemnation proceeding as to the value of the property interests of the plaintiff in the avenue was binding upon both parties. It was a final adjudication in a special proceeding, and the adjudication is just as binding as though it had been made in an action. (People ex rel. Hatzel
v. Hall,
The judgment should be affirmed, with costs.
All concur.
Judgment affirmed.