Lyon v. City of Brooklyn
New York Supreme Court
APPEAL from a judgment of the city court of Brooklyn, overruling a demurrer to the complaint. The plaintiff, by his complaint, sought to have a certain assessment and sale, and the proceedings therefor, adjudged illegal, irregular, and void, and for other relief.
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APPEAL from a judgment of the city court of Brooklyn, overruling a demurrer to the complaint. The plaintiff, by his complaint, sought to have a certain assessment and sale, and the proceedings therefor, adjudged illegal, irregular, and void, and for other relief. The assessment was for grading and paving Bush street, from Court street to Hamilton avenue, and the complaint charged that the expense of said improvement was not assessed upon the property benefited thereby in proportion to the amount of said benefit, inasmuch as the true value of the said lot before and at the time of said…
1Opinion of the Court
By the, Court, Brown, J.
The prayer of the complaint in this action is, that an assessment of the expenses for grading and paving Bush street, from Court street to Hamilton avenue, in the city of Brooklyn, may be adjudged illegal, irregular and void, and that the certificate of the sale of the plaintiff’s lands to satisfy the moneys charged thereon by the assessment be delivered up and canceled. The case comes here upon an appeal from the city court, where it was decided against the defendant upou demurrer to the complaint. Ho other error or irregularity is alleged in the proceedings of the…
2Cases cited2 opinions
- Owners of Ground v. Mayor of AlbanyNew York Supreme Court · 1836
- Albany & West Stockbridge Railroad v. Town of CanaanNew York Supreme Court · 1853
3Cited by8 opinions
- City of Fort Wayne v. CodyIndiana Supreme Court · 1873
- Mansfield v. City of LockportNew York Supreme Court · 1898
- Broezel v. City of BuffaloNew York Supreme Court · 1889
- In re FerrisSuperior Court of Buffalo · 1887
- In re New York Central & Hudson River RailroadNew York Supreme Court · 1889
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