Legal Opinion

Wm. B. Astor v. . Mayor

New York Court of Appeals

Decided September 28, 1875PublishedCited by 23 opinions

Appeal from judgment of the General Term of the Court of Common Pleas, for the city and county of New York, affirming a judgment in favor of defendant, entered upon a decision of the court at Special Term. This action was brought to restrain the collection of an assessment upon certain property of plaintiff and to vacate and set aside the assessment as a cloud upon plaintiff’s title.

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Appeal from judgment of the General Term of the Court of Common Pleas, for the city and county of New York, affirming a judgment in favor of defendant, entered upon a decision of the court at Special Term. This action was brought to restrain the collection of an assessment upon certain property of plaintiff and to vacate and set aside the assessment as a cloud upon plaintiff’s title. The facts, as found by the court, are substantially as follows : That on the 2d day of March, 1868, the commissioners of the Central park, at an adjourned meeting, of which all the members of the board had due…

1Opinion of the CourtMiller, J.

This action was brought for the purpose of vacating assessments made upon the plaintiff’s lots in the city of Hew York, for the regulation and grading of Sixth avenue from One Hundred and Tenth street, the north end of the Central park, to the Harlem river, and to obtain an injunction restraining the collection of said assessment. The proceedings were conducted by virtue of the provisions of chapter '£64, Session Laws of 1865. The third section of the act authorized and directed the commissioners of Central park, on behalf of the mayor, aldermen and commonalty of the city of Hew York, to…

2Cases cited1 opinion

  1. In the Matter of AndersonNew York Court of Appeals · 1875

3Cited by23 opinions

  1. People Ex Rel. Metropolitan Street Railway Co. v. State Board of Tax CommissionersNew York Court of Appeals · 1903
  2. Sun Printing & Publishing Ass'n v. MayorAppellate Division of the Supreme Court of the State of New York · 1896
  3. Wulf v. City of Kansas CitySupreme Court of Kansas · 1908
  4. In the Matter of the Petition of MerriamNew York Court of Appeals · 1881
  5. In Re the Transfer Tax Upon the Estate of WatsonNew York Court of Appeals · 1919

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