Legal Opinion

Matter of City of New York (Pugsley Ave.)

New York Court of Appeals

Decided May 9, 1916PublishedCited by 9 opinions

Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered November 11, 1915, which reversed an order of Special Term sustaining objections to the report of the commissioner of assessment in street opening proceedings and confirmed said report. The facts, so far as material, are stated in the opinion.

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Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered November 11, 1915, which reversed an order of Special Term sustaining objections to the report of the commissioner of assessment in street opening proceedings and confirmed said report. The facts, so far as material, are stated in the opinion. In applying a uniform rate of assessment to appellant’s land north of Lacombe avenue and to the land south of that avenue, and thus ignoring the fact that a sewer easement had already been acquired through appellant’s land for which she is about…

1Opinion of the CourtSeabury, J.

This appeal presents the question whether assessments levied upon lands within a designated area of assessment are proportionate to the'benefits which the lands of the appellants derived from the improvement sought to be effected through this proceeding. The proceeding was instituted pursuant to a resolution of the board of estimate and apportionment of the city of New York, to acquire title to lands required for the opening and extending of Pugsley avenue from McG-raw avenue to Olason’s Point road. By a subsequent resolution the proceeding was amended so as to include portions of Cornell,…

2Cases cited8 opinions

  1. Riggs v. . PalmerNew York Court of Appeals · 1889
  2. Hassan v. . City of RochesterNew York Court of Appeals · 1876
  3. Hassen v. . City of RochesterNew York Court of Appeals · 1875
  4. People Ex Rel. Scott v. . PittNew York Court of Appeals · 1902
  5. People Ex Rel. Keim v. . DesmondNew York Court of Appeals · 1906

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3Cited by9 opinions

  1. In re the City of New YorkAppellate Division of the Supreme Court of the State of New York · 1942
  2. DWS New York Holdings, Inc. v. County of DutchessAppellate Division of the Supreme Court of the State of New York · 1985
  3. Board of Education v. Village of AlexanderNew York Supreme Court · 1949
  4. In re the Assessment of the Cost of the Improvement of Edgewood AvenueNew York Supreme Court · 1948
  5. People ex rel. Prosperity Co. v. MarvinAppellate Division of the Supreme Court of the State of New York · 1940

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