Harriman v. . City of Yonkers
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered June 19, 1903, reversing a judgment in favor of defendant entered upon a dismissal of the complaint by the court on trial at Special Term and granting a new trial. The nature of the action and 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 second judicial department, entered June 19, 1903, reversing a judgment in favor of defendant entered upon a dismissal of the complaint by the court on trial at Special Term and granting a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. In fixing the assessment district and thereby determining what portion of the city was deemed to be benefited by the improvement, the common council exercised a discretionary power, confided to them by the charter, which cannot he…
1Opinion of the Court
Cullen, Ch. J.
The action was brought to set aside, as a cloud upon the plaintiff’s title, an assessment for the construction of Harriman avenue in the city of Yonkers. When the common council of that city determined to open the avenue in accordance with the provisions of the charter, it fixed a district of assessment on which the cost of the opening was to be laid. When it determined to improve the street by grading and laying curbs and gutters, it again ' fixed a district of assessment for that improvement. The second district omitted two tracts of land included in the first. Over a year…
2Cases cited3 opinions
- People Ex Rel. New England Dressed Meat & Wool Co. v. RobertsNew York Court of Appeals · 1898
- People Ex Rel. Eckerson v. . ZundelNew York Court of Appeals · 1899
- Copcutt v. City of YonkersNew York Supreme Court · 1894
3Cited by4 opinions
- City of Memphis v. HillTennessee Supreme Court · 1919
- In re Opening Second Street & Third StreetNew York Supreme Court · 1917
- Skinner v. Village of Sylvan BeachAppellate Division of the Supreme Court of the State of New York · 1985
- Harriman v. City of YonkersAppellate Division of the Supreme Court of the State of New York · 1905