Farrington v. . City of Mount Vernon
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered June 5, 1900, reversing a judgment in favor of plaintiff entered upon the report of a referee, and granting a new trial. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered June 5, 1900, reversing a judgment in favor of plaintiff entered upon the report of a referee, and granting a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The property of the plaintiff described in the complaint and assessed by the defendant and its assessors, is not in the assessment district laid out by the common council of the city of Mount Vernon to pay the cost of this improvement. (L. 1892, ch. 182, § 183.) The change of the…
1Opinion of the CourtMartin, J.
The purpose of this action was.to vacate an assessment for the improvement of North Fourth avenue in the city of Mount Vernon. It was based upon the theory, 1. That the plaintiff’s assessment was upon property not within the assessment district prescribed and established by a resolution of the defendant’s common council; and, 2. That the proceeding which resulted in the plaintiff’s assessment was a proceeding to change the grade of a street, and the provisions of the defendant’s cfiarter relating to such a proceeding were not complied with.
The validity of the first claim depends upon the…
2Cited by11 opinions
- Gaynor v. MarohnNew York Court of Appeals · 1935
- Williams v. StateAppellate Division of the Supreme Court of the State of New York · 1970
- Archer v. City of Mount VernonAppellate Division of the Supreme Court of the State of New York · 1901
- Comesky v. . Village of SuffernNew York Court of Appeals · 1904
- Fuller v. . City of Mount VernonNew York Court of Appeals · 1902
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