85 N.Y.S. 636 | N.Y. App. Div. | 1904
The plaintiff owns the premises situate at the southwesterly corner of Eighth avenue .and One Hundred, and Fifty-fifth street, having a
The structure undoubtedly somewhat interferes with ingress and egress to and from plaintiff’s premises and with light and the circulation of air, but in our opinion these constitute dcmmun absque injuria. The structure was authorized and has been constructed for the purpose of facilitating public travel on One Hundred and Fifty-fifth street, a purpose for which the city holds' the fee to that street in trust. The Legislature evidently deemed that, owing to the elevation of this bluff, the difficulty if not impossibility of constructing the street up the bluff and the elevation of the bridge at the easterly end of the street, the convenience of the public would be best subserved by having a roadway and sidewalks above
It follows that the judgment should be affirmed, with costs.
Van Brunt, P. J., Patterson, Ingraham and Hatch, JJ., concurred.
Judgment affirmed, with costs.