Delaware, Lackawanna & W. R.R. v. Fengler, 42 N.E.2d 6 (NY 1942). · Go Syfert
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Delaware, Lackawanna & W. R.R. v. Fengler, 42 N.E.2d 6 (NY 1942). Cases Citing This Book View Copy Cite
10 citation events across 4 distinct courts.
In the Matter of Delaware, Lackawanna and Western Railroad Company, Appellant, Against Albert C. Fengler Et Al., Defendants, and Joseph
v.
O’Leary, as Comptroller of the State of New York, Et Al., Respondents
New York Court of Appeals.
Apr 23, 1942.
42 N.E.2d 6
Basil B. Aylesworth for appellant., James C. Tormey, Corporation Counsel (Arthur M. Beach and John H. Walrath of counsel), for Syracuse Grade Crossing Commission, respondent., John J. Bennett, Jr., Attorney-General (Irving H. Lessen of counsel), for Joseph V. O’Leary, as Comptroller of the State of New York, et al., respondents., Legal services rendered to a party
<italic>Per Curiam.</italic>.
Cited by 9 opinions  |  Published
Per Curiam.

Nothing in the statute authorizes the Supreme Court to determine in the condemnation proceedings as part of “ the judgment or award ” that reasonable compensation to attorneys is an “expense” of acquisition of land within the meaning of subdivision 1 of section 8 of the Syracuse Grade Crossing Act (L. 1928, ch. 825) or to direct payment of such expense out of state moneys. Even assuming that such compensation might in proper case be regarded as “ expense ” within the meaning of the statute, the plaintiff is not entitled to reimbursement from state moneys for such expense except “ on vouchers approved by the Syracuse Commission, after audit by and on the warrant of the comptroller,” as provided in subdivision 1 of section 7 of the Syracuse act. Chapter 289 of the Laws of 1939 has not changed that provision.

The order should be affirmed, without costs.

Lehman, Ch. J., Loughran, Finch, Rippey, Lewis, Conway and Desmond, JJ., concur.

Order affirmed.