Overton v. . City of New York
New York Court of Appeals
Appeal, by permission, from a judgment' of the Appellate Division of the Supreme Court in the second judicial department; entered August 6, 1917, affirming a judgment in favor of plaintiffs, entered upon a decision ' of the court on trial at Special Term. The nature of the. action and the facts, so far as material, are stated in the opinion.
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Appeal, by permission, from a judgment' of the Appellate Division of the Supreme Court in the second judicial department; entered August 6, 1917, affirming a judgment in favor of plaintiffs, entered upon a decision ' of the court on trial at Special Term. The nature of the. action and the facts, so far as material, are stated in the opinion. The failure of the board of assessors of the city of Brooklyn to advertise prior to the levying of the installments in the years 1894, 1895, 1896 and 1897 did not invalidate these installments. (Young v. Wenz, 218 N. Y. 329; Matter of Wilkins Place, 54 N.…
1Opinion of the Court
Pound, J..This is an action to recover the amount paid on certain assessments levied on lot 22 in the years 1893, 1894, 1895, 1896, 1897 for the opening and the grading of West Twelfth street in the town of Gravesend, on the ground that they were illegal and void. The original local assessments upon plaintiffs’ lot were as follows: opening proceeding, confirmed December 30, 1892, $211.65; grading proceeding, confirmed June 18, 1893, $9,590.00. Chapter 171, Laws of 1893, provides for the assessment in forty annual installments of assessments theretofore or thereafter levied for local…
2Cases cited5 opinions
- French v. Barber Asphalt Paving Co.Supreme Court of the United States · 1901
- Tifft v. . City of BuffaloNew York Court of Appeals · 1880
- In Re the Confirmation of the Report of the Commissioners of AssessmentNew York Court of Appeals · 1878
- Young v. . WenzNew York Court of Appeals · 1916
- Overton v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1917
3Cited by2 opinions
- Emigrant Industrial Savings Bank v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1946
- Nassau Electric Railroad v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1929