Mayers v. Van Schaick
New York Court of Appeals
The assessment became a lien when it was completed and confirmed. (Cons. Laws, ch. 64, §§ 113, 116, 280; Lathers v. Keogh, 109 N. Y. 583; Burr v. Palmer, 53 App. Div. 358.) The existence of the assessment was a risk against which the title company agreed to insure and respondent is Hable to appellant in the amount thereof. (.Empire Development Co. v. Title Guarantee & Trust Co., 225 N. Y. 53; 755 Seventh Ave.
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The assessment became a lien when it was completed and confirmed. (Cons. Laws, ch. 64, §§ 113, 116, 280; Lathers v. Keogh, 109 N. Y. 583; Burr v. Palmer, 53 App. Div. 358.) The existence of the assessment was a risk against which the title company agreed to insure and respondent is Hable to appellant in the amount thereof. (.Empire Development Co. v. Title Guarantee & Trust Co., 225 N. Y. 53; 755 Seventh Ave. Corp. v. Carroll, 266 N. Y. 157.) The measure of appellant’s damages is either the amount of the assessment or the difference between the value of the property subject to the assessment…
1Opinion of the CourtLoughran, J.
On May 8, 1928, the Board of Trustees of the village of. Scarsdale resolved to establish a village park and playground and to assess seventy per cent of the expense of that improvement against the owners of lands designated upon an assessment map as comprising the district to be benefited thereby. The cost of the project having meantime been determined, the Board, on June 12, 1928, apportioned seventy per cent thereof upon the respective properties so assessed, including premises of Eleanor M. Grieve against which was allotted $960.65 of the localized burden.
The Board then further resolved: “…
2Cases cited1 opinion
- Trenton Potteries Co. v. Title Guarantee & Trust Co.New York Court of Appeals · 1903
3Cited by17 opinions
- American Savings and Loan Association v. Lawyers Title Insurance CorporationCourt of Appeals for the Sixth Circuit · 1986
- Rhone v. First American Title InsuranceAppellate Court of Illinois · 2010
- National Mortgage Corp. v. American Title InsuranceSupreme Court of North Carolina · 1980
- Metropolitan Life Insurance v. Union Trust Co.New York Court of Appeals · 1940
- Butcher v. Burton Abstract & Title Co.Michigan Court of Appeals · 1974
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