Allter v. Village of St. Johnsville
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Wesley Allter, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Montgomery on the 30th day of June, 1908, upon the decision of the court rendered after a trial at the Montgomery Trial Term before the court without a jury. ' The plaintiff having failed to comply with a notice of the defendant’s trustees requiring him to construct a sidewalk in front of his premises, said trustees in…
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Appeal by the plaintiff, Wesley Allter, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Montgomery on the 30th day of June, 1908, upon the decision of the court rendered after a trial at the Montgomery Trial Term before the court without a jury. ' The plaintiff having failed to comply with a notice of the defendant’s trustees requiring him to construct a sidewalk in front of his premises, said trustees in the year 1906 caused a cement sidewalk to be constructed and took proceedings with a view to the assessment of the expense…
1Opinion of the Court
Cochrane, J.:
Much energy has been uselessly expended in an effort to determine the meaning of section 166 of the Village Law, as amended by chapter 97 of the Laws of 1906, because of a new provision introduced by such amendment as to the flagging of sidewalks. Inasmuch as the sidewalk in question was built of cement and not of flagging any discussion or consideration of the meaning or effect of such amendment is entirely irrelevant. Compliance with said amended section was unnecessary on the part- of the trusteeSi
Section 168 of the Village Law provides three remedies for the, enforcement of…
2Cases cited5 opinions
- Marsh v. . City of BrooklynNew York Court of Appeals · 1874
- Zink v. . McManusNew York Court of Appeals · 1890
- Lawton v. City of New RochelleAppellate Division of the Supreme Court of the State of New York · 1906
- Trumbull v. PalmerAppellate Division of the Supreme Court of the State of New York · 1905
- Rumsey v. . City of BuffaloNew York Court of Appeals · 1884
3Cited by6 opinions
- French v. City of New RochelleAppellate Division of the Supreme Court of the State of New York · 1910
- McInnis v. City of New RochelleNew York Supreme Court · 1917
- S. Berzal Co. v. HylandAppellate Division of the Supreme Court of the State of New York · 1980
- Schermerhorn v. Albany SyndicateNew York Supreme Court · 1916
- Joseph Fahys & Co. v. VaughnNew York Supreme Court · 1910
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