Matter of Cram
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the first judicial department, reversing an order of Special Term which vacated and set aside an assessment upon certain lots belonging to the petitioner in the city of Hew York, for regulating, grading, etc., 135th street in said city. The facts sufficiently appear in the opinion.
Read the full summary
Appeal from order of the General Term of the Supreme Court in the first judicial department, reversing an order of Special Term which vacated and set aside an assessment upon certain lots belonging to the petitioner in the city of Hew York, for regulating, grading, etc., 135th street in said city. The facts sufficiently appear in the opinion. The assessment must be vacated because there has never been any preliminary valuation of the lots, and because it exceeds half their value. (Laws 1840, chap. 326, § 7, p. 272.) The burden of proving that these facts are not true, rested upon the city.…
1Opinion of the CourtAndrews, J.
The petitioner is the owner of thirty-one lots in block 520 in the 12th ward of the city of New York between 4th and 5th avenues, and 135th and 136th streets, which with three lots on 5th ave. form the southerly half of the block. On the 29th of September 1874 an assessment of $24,041.36 was imposed by the board of assessors on the thirty-one lots of the petitioner for the expense of regulating, grading, etc., 135th street between 4th ave. and 8th ave., which was confirmed Dec. 29, 1874. This proceeding was taken to vacate the assessment, and the principal ground upon which the petitioner…
2Cases cited3 opinions
- Smith v. . the PeopleNew York Court of Appeals · 1872
- In Re the Second Avenue Methodist Episcopal Church to Vacate an AssessmentNew York Court of Appeals · 1876
- Wheeler v. Roberts & RobertsNew York Supreme Court · 1827
3Cited by3 opinions
- In Re the Hebrew Benevolent Orphan Asylum SocietyNew York Court of Appeals · 1877
- In re HazletonNew York Supreme Court · 1890
- In re the Mayor, Aldermen & CommonaltyAppellate Division of the Supreme Court of the State of New York · 1904