General
In the Matter of the Application of G. Howard Dickens and Another, Respondents, for the Appointment of Commissioners to Assess the Damages for Change of Grade on Summit Street, in the Village of Middleville, Herkimer County, New York, Appellant
226 A.D. 853·New York Supreme Court, Appellate Division·1929·NY
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Opinion
In the Matter of the Application of G. Howard Dickens and Another, Respondents, for the Appointment of Commissioners to Assess the Damages for Change of Grade on Summit Street, in the Village of Middleville, Herkimer County, New York, Appellant.
[MAJORITY]
Order affirmed, with costs. All concur, except Taylor and Crosby, JJ., who dissent and vote for dismissal of the appeal on the ground that no appeal lies from an interlocutory judgment in condemnation proceedings. (See Condemnation Law, §§ 19 and 20; Stillwater, etc., R. R. Co. v. B. & M. R. R. Co., 67 App. Div. 367; appeal dismissed, 170 N. Y. 573; Village of St. Johnsville v. Smith, 61 App. Div. 380; County of Orange v. Storm King Stone Co., 180 id. 208, 210.) Present — Sears, P. J., Crouch, Taylor, Edgcomb and Crosby, JJ.