In re Eager
New York Supreme Court
These proceedings were brought to vacate assessments imposed on the property of the petitioners for paving Irving Place, 19th and 16th streets with Nicolson pavement under the acts in relation to frauds iri assessment, for local improvements in the city of New York.
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These proceedings were brought to vacate assessments imposed on the property of the petitioners for paving Irving Place, 19th and 16th streets with Nicolson pavement under the acts in relation to frauds iri assessment, for local improvements in the city of New York. The resolutions and ordinances relative to each street,, provide that the streets be paved with Nicolson pavement, where not already paved with Belgian pavement, and crosswalks laid or relaid at intersecting streets. No cross-walks were^laid or relaid at the intersection of Irving Place with 16th or 19th street. The advertisements…
1Opinion of the CourtBrady, J.
There are two objections taken to the assessments imposed upon the lands of the petitioners, which are well taken.
First'. The charge for cross-walks of stone, none having been laid, and none others having been authorized.
Second. The charge for collection in excess of two and a half per cent, allowed by law. These charges are legal irregularities within the decisions of this court, relative thereto, and the assessments must be vacated under the act of 1858. (Laws of 1858, p. 574, § 2; Matter of Wood, 51 Barb., 276 ; Matter of Lewis, 35 How., 162; Matter of Babcock, 23 How., 118; Matter of…
2Cases cited1 opinion
- In re WoodNew York Supreme Court · 1868