Matter of Duffy
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the first judicial department, made March 31, 1892, which reversed an order of Special Term denying a preliminary motion to dismiss an application for the reduction or vacation of an assessment.
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Appeal from order of the General Term of the Supreme Court in the first judicial department, made March 31, 1892, which reversed an order of Special Term denying a preliminary motion to dismiss an application for the reduction or vacation of an assessment. This was a proceeding to vacate an assessment for paving Fifty-eighth street, in the city of New York, between Sixth and Ninth avenues, which was confirmed July .22, 1872. On April 22, 1872, the petitioner served upon the corporation counsel a petition to vacate the assessment. Attached thereto was a notice that the petition would, on…
1Opinion of the Court
Finch. J.
The question raised on this appeal was not involved in the case of Matter of Rosenbaum (119 N. Y. 24). Ho such point was there argued on behalf of the city, and no suggestion made that the proceeding had not been lawfully initiated within the necessary period. It did appear that proofs bad been taken, and a hearing upon them had been given by the court, and without objection founded upon the delay. While we observed the existence of that delay, we w.ere not «railed upon to determine any question affecting the regularity of the practice adopted. We were not made aware of any…
2Cases cited1 opinion
- Matter of RosenbaumNew York Court of Appeals · 1890
3Cited by2 opinions
- In re the City of New York Relative to Acquiring Title Wherever the Same Has Not Been Heretofore Acquired for the Same Purpose in Fee to the LandsAppellate Division of the Supreme Court of the State of New York · 1940
- Wynn v. Central Park, North & East River RailroadAppellate Division of the Supreme Court of the State of New York · 1896