In the Matter of the Petition of Deering
New York Court of Appeals
Appeal from order of the G-eneral Term of the Supreme Court, in the first' judicial department, dated July 30, 1880, reversing an order of Special Term, which vacated an assessment upon a lot owned by petitioner, for regulating, grading, etc., Tenth avenue, in the city of New York, from One Hundred and Fifty-fifth to One Hundred and Ninety-fourth streets.
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Appeal from order of the G-eneral Term of the Supreme Court, in the first' judicial department, dated July 30, 1880, reversing an order of Special Term, which vacated an assessment upon a lot owned by petitioner, for regulating, grading, etc., Tenth avenue, in the city of New York, from One Hundred and Fifty-fifth to One Hundred and Ninety-fourth streets. The work, for the expense of which the assessment in question was laid, was commenced in 1871, by and under a resolution of the department of public parks. One of the objections taken by the petitioner to the assessment was that there was no…
1DissentMiller, J.
(Dissenting.) The rule is quite well established that in applications of this character, the petitioner must be confined to the specific allegations of fraud or substantial error. (Matter of Eager, 46 N. Y. 100; Matter of Roberts, 81 N. Y. 62.) Having this rule in view, we will proceed to consider such of the points of the petitioner as are thus presented. The objection that the department of public parks and of public works had not jurisdiction to improve Tenth avenue, as well as the objection that the common council did not direct or order the work, is sufficiently answered by the fact that…
2Cases cited8 opinions
- In Re the Emigrant Industrial Savings BankNew York Court of Appeals · 1878
- Matter of the Petitions of Laura E. EagerNew York Court of Appeals · 1871
- John Jacob Astor v. . MayorNew York Court of Appeals · 1875
- Matter of ZborowskiNew York Court of Appeals · 1877
- Greene v. . Mayor, Etc., of N.Y. CityNew York Court of Appeals · 1875
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