In re McCormack
New York Supreme Court
Motion, under the act of 1858, to vacate an assessment. This was a petition brought by William H. McCormack and others, to vacate the assessment for paving Sixth-avenue, from Forty-second-street to Fifty-ninth-street, with Nicolson pavement.
1Opinion of the CourtBrady, J.
I have carefully and fully considered, I think, all the objections presented by the petitioners to the validity of the assessment which they seek by this proceeding to set aside, and in disposing of them shall state briefly the reasons which control my judgment:
1. The omission to advertise for bids or sealed proposals for cross-walks to be laid or re-laid, although they were embraced in the resolution of the common council, as well as the Nicolson pavement, was, it is true, a legal irregularity under the act of 1858, within the decisions of this court relating thereto (Laws of 1858, p. 574, §…
2Cases cited2 opinions
- In re WoodNew York Supreme Court · 1868
- Lewis v. Mayor of New YorkNew York Supreme Court · 1868