In the Matter of the Petition of Gantz
New York Court of Appeals
These were appeals from, two orders of the G-eneral Term of the Supreme Court, in the first judicial department,- both made December 10, 1880; the one in the matter first above entitled affirming an order of Special Term which denied an application of the petitioner to vacate an assessment upon certain lots belonging to him in the city of New York, for paving One Hundred and Forty-fifth street from Seventh avenue to the Boulevard; the other, in the matter second above…
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These were appeals from, two orders of the G-eneral Term of the Supreme Court, in the first judicial department,- both made December 10, 1880; the one in the matter first above entitled affirming an order of Special Term which denied an application of the petitioner to vacate an assessment upon certain lots belonging to him in the city of New York, for paving One Hundred and Forty-fifth street from Seventh avenue to the Boulevard; the other, in the matter second above entitled, affirming an order of Special Term which denied an application to reduce an assessment upon certain lots of the…
1Opinion of the CourtFinch, J.
We are unable to see why the petitioner is not a “ party aggrieved ” within the meaning of that phrase as used in the act of 1858. He became the owner of the premises, as to which he seeks to vacate an assessment, after such ' assessment was confirmed, and took his title, by the express terms of the conveyance, subject to all assessments affecting the property. It is, claimed, and the General Term so decides, following previous decisions of similar purport (Matter of Moore, 8 Hun, 513; Matter of Saunders, 10 W. Dig. 351), that one who purchases after the confirmation of an assessment must be…
2Cases cited1 opinion
- Matter of Petition of Sarah E. BassfordNew York Court of Appeals · 1872
3Cited by6 opinions
- General Realty Improvement Co. v. City of New HavenSupreme Court of Connecticut · 1946
- Waldbaum, Inc. v. Finance AdministratorNew York Court of Appeals · 1989
- In re PennieNew York Supreme Court · 1887
- In re PennieNew York Supreme Court · 1887
- Matter of Larchmont Pancake House v. Board of AssessorsNew York Court of Appeals · 2019
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