In Re the Hebrew Benevolent Orphan Asylum Society
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the first judicial department modifying by reducing the amount as to one assessment order of Special Term, which denied a motion to vacate certain assessments for local improvements in the city of New York, and affirming the order as modified. (Reported below, 10 Hun, 112.) The facts sufficiently appear in the opinion.
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Appeal from order of the General Term of the Supreme Court in the first judicial department modifying by reducing the amount as to one assessment order of Special Term, which denied a motion to vacate certain assessments for local improvements in the city of New York, and affirming the order as modified. (Reported below, 10 Hun, 112.) The facts sufficiently appear in the opinion. The previous valuation not having been of the lots separately, was not such a valuation as was required by the statute. (1 R. S. [6th ed.], 992, §§ 8, 10, 11; Laws 1859, chap. 302; Sharp v. Johnson, 4 Hill, 100;…
1Opinion of the CourtRapallo, J.
The ground upon which the petitioner seeks to vacate the assessment in this case, is, that no valuation was ever placed on the petitioners property by the tax commissioners, and that consequently the case falls within the deci sion of this court. (In re Second Avenue Methodist Episcopal Church, 66 N. Y., 395.)
The assessments now in question were confirmed in the years 1869, 1870, 1872 and 1874. On the hearing of this application, the petitioner proved that from 1868 to 1874, inclusive, the lots were not valued by the ward assessors or tax commissioners, but were marked exempt, and the…
2Cases cited3 opinions
- In Re the Second Avenue Methodist Episcopal Church to Vacate an AssessmentNew York Court of Appeals · 1876
- Matter of St. Joseph's AsylumNew York Court of Appeals · 1877
- Matter of CramNew York Court of Appeals · 1877
3Cited by10 opinions
- In the Matter of the Petition of MerriamNew York Court of Appeals · 1881
- Mayor of Jersey City v. O'CallaghanSupreme Court of New Jersey · 1879
- Smith v. . City of BuffaloNew York Court of Appeals · 1899
- Smith v. City of BuffaloNew York Supreme Court · 1895
- Matter of Petition of RobertsNew York Court of Appeals · 1880
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