In Re the New York Protestant Episcopal Public School
New York Court of Appeals
Aureal from order of the General Term of the Supreme Court in the first judicial department, affirming an order of Special Term, denying an application to vacate assessments for sewers between Seventy-ninth and Eighty-sixth streets and A venue A and Third avenue in the city of New York.
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Aureal from order of the General Term of the Supreme Court in the first judicial department, affirming an order of Special Term, denying an application to vacate assessments for sewers between Seventy-ninth and Eighty-sixth streets and A venue A and Third avenue in the city of New York. Previous to the 10th of January, 1870, the mayor, etc., of the city of New York, by the Croton Aqueduct Board, constructed the sewers named in the petition at an expense of 080,872.56; and on the last mentioned date an assessment upon the property benefited thereby was duly confirmed. A portion of the…
1Opinion of the CourtGrover, J.
This proceeding was commenced under chapter 338, Laws of 1858, page 574, for the purpose of vacating an assessment made upon the lands of the petitioner to defray the expense'of constructing sewers, upon the ground that it is voidable for fraud or legal irregularty in the proceedings, by virtue of which it was imposed. This statute was enacted for the purpose of affording an expeditious and inexpensive remedy in cases which, prior thereto, could only be remedied by an equitable action to remove apparent clouds upon the title. The assessment in the present case was made under chapter 381, Laws…
2Cited by6 opinions
- Insurance Co. of North America v. DeLoach & Co.Court of Appeals of Georgia · 1908
- Mann v. City of UticaNew York Supreme Court · 1872
- Van Fleet v. McCarnNew York Supreme Court · 1888
- Lazarus v. LudwigAppellate Terms of the Supreme Court of New York · 1896
- People ex rel. Wehle v. ConnerNew York Supreme Court · 1876
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