In re Treacy
New York Supreme Court
APPEAL from an order made at a special term, vacating an assessment. Michael Treacy presented a petition to the court, stating that at the date of the confirmation of the assessment hereinafter mentioned, the petitioner was and still is the owner of the lots hereinafter mentioned and described, and the party aggrieved by said assessment.
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APPEAL from an order made at a special term, vacating an assessment. Michael Treacy presented a petition to the court, stating that at the date of the confirmation of the assessment hereinafter mentioned, the petitioner was and still is the owner of the lots hereinafter mentioned and described, and the party aggrieved by said assessment. That on the 15th day of May, 1868, an assessment for paving Eighth avenue with trap block pavement, between Forty-second and Fifty-eighth streets, in the city of New York, was confirmed by the board of revision and correction of assessments of said city, and…
1Opinion of the Court
By the Court, Cardozo, J.
The question to be determined is, whether the statute of 1870 (ch. 383) is applicable to this petition. If it be not, then the order below vacating the assessment is right; otherwise the order below should be modified by directing that the assessment be reduced by the amount of the unlawful increase of expense, included in the assessment, to be ascertained and calculated in the manner pointed out by the statute.
The act above mentioned was passed on the 26th of April, 1870, some months before the petition in this matter was presented. The cases relied on by the…
2Cases cited1 opinion
- In re BeamsNew York Supreme Court · 1859
3Cited by1 opinion
- In re FordNew York Supreme Court · 1872