Matter of Garvey
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the first judicial department, affirming an order of Special Term vacating an assessment upon certain lots of the petitioner, fronting on the west side of Madison avenue, in the city of New York. The facts appear sufficiently in the opinion. As to the flagging laid upon the portions of the side-walk not previously covered, this is not a case of “ repave incut ” as contemplated by the statutes.
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Appeal from order of the General Term of the Supreme Court, in the first judicial department, affirming an order of Special Term vacating an assessment upon certain lots of the petitioner, fronting on the west side of Madison avenue, in the city of New York. The facts appear sufficiently in the opinion. As to the flagging laid upon the portions of the side-walk not previously covered, this is not a case of “ repave incut ” as contemplated by the statutes. (Rev. Ord., 1859, 237; Rhinelander v. Mayor, 24 How., 304; Matter of Lewis, 35 id., 162; Hammett v. Phila., 65 Penn. St. 155; Matter of…
1Opinion of the CourtDanfoeth, J.
In 1869 that portion of Madison avenue described in the petition was “graded, curbed, guttered and flagged” in pursuance of an ordinance and the petitioner paid therefor. The side-walk is. twelve feet wide and the improvement then made consisted of a single strip of flagging four feet wide running "through the center of the sidewalk. The ordinance now in question provides that on the same premises “ curb and gutter stones be set and reset and the side-walks be flagged and reflagged where not already done.” ' This ordinance was not petitioned for as required in certain cases by section 115 of…
2Cited by8 opinions
- Matter of Petition of SmithNew York Court of Appeals · 1885
- In the Matter of the Petition of BradyNew York Court of Appeals · 1881
- Dickinson v. City of DetroitMichigan Supreme Court · 1897
- In the Matter of Catharine A. GrubeNew York Court of Appeals · 1880
- City of New York v. BrownAppellate Terms of the Supreme Court of New York · 1899
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