In re Duffy
New York Supreme Court
Appeal from special term, New York county. Petition by Michael Duffy to vacate an assessment for public improvements. From an order denying a motion to dismiss the application, the mayor, aldermen, and commonalty of the city of New York appeal.
1Per curiam
By section 1 of chapter 338 of the Laws of 1858, the act under which this proceeding was instituted, it is provided that “if in the proceedings relative to any assessment or assessments for local improvement in the city of New York, or in the proceedings to collect the same, any fraud or legal irregularity shall be alleged to have been committed, the party aggrieved thereby may apply to a judge of the supreme court in special term or in vacation, who shall thereupon, upon due notice to the counsel of the corporation of the city in which the land so assessed is situated, proceed forthwith to…
2Cases cited1 opinion
- Matter of RosenbaumNew York Court of Appeals · 1890