In re Eager
New York Supreme Court
Proceedings under the act of 1858, to vacate an assessment. These proceedings were brought to vacate assessments imposed on the property of the petitioner, for paving Irving-place, Nineteenth, and Sixteenth-streets, in the city of New York, with Nicolson pavement.
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Proceedings under the act of 1858, to vacate an assessment. These proceedings were brought to vacate assessments imposed on the property of the petitioner, for paving Irving-place, Nineteenth, and Sixteenth-streets, in the city of New York, with Nicolson pavement. The proceedings were taken under the acts in relation to frauds in assessments for local improvements in the city of New York (Laws of 1858, p. 574, ch. 378). The resolutions and ordinances relative to each street provide that the streets be paved with Nicolson pavement where not already paved with Belgian pavement, and cross-walks…
1Opinion of the CourtBrady, J.
There are two objections taken to the assessments imposed upon the lands of the petitioners which are well taken.
First. The charge for cross-walks of stone, none having been laid, and none others having been authorized.
Second. The charge of collection in excess of two and a half per cent, allowed by law. These charges are legal irregularities within the decisions of this court relative thereto, and the assessments must be va*232cated under the act of 1858 (Laws of 1858, p. 574, § 2), Matter of Wood, 51 Barb., 276 ; Matter of Lewis, Id., 82; S. C., 35 How. Pr., 162; Matter of Babcock, 23 Id., 118;…
2Cases cited4 opinions
- In re BeamsNew York Supreme Court · 1859
- In re WoodNew York Supreme Court · 1868
- Lewis v. Mayor of New YorkNew York Supreme Court · 1868
- In re BuhlerNew York Supreme Court · 1859