Bussing v. City of Mount Vernon
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The City of Mount Vernon, from a judgment of the Supreme Court in favor of tlie plaintiff,-entered in the office of the clerk of the county of Westchester on the 9th day of July, 1906, upon the report of a referee.
1Opinion of the Court
Per Curiam :
The judgment vacates an assessment on the plaintiff’s property for the opening of a street in the city of Mbunt Yernon, the defendant, on the ground that whereas the charter of the city required “ a unanimous vote ” of all of the members of the common council to allow the improvement, there was a unanimous vote of only eight of. such members, all that were present, the whole number being ten. That this did not make the proceeding and the assessment void was decided and affirmed in this court (Matter of City of Mount Vernon, 34 Misc. Rep. 225; 64 App. Div. 619). Nevertheless…
2Cases cited2 opinions
- In re City of Mount VernonNew York Supreme Court · 1901
- People ex rel. Jardine v. BrushAppellate Division of the Supreme Court of the State of New York · 1906