Speir v. . Town of New Utrecht
New York Court of Appeals
Appeal from judgment of tlie G-eneral Term of the Supreme Court in the second judicial department, entered upon an order made June 25, 1888, which reversed a judgment in favor of defendant, entered upon a decision of the court on trial at Special Term and directed judgment for the plaintiff.
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Appeal from judgment of tlie G-eneral Term of the Supreme Court in the second judicial department, entered upon an order made June 25, 1888, which reversed a judgment in favor of defendant, entered upon a decision of the court on trial at Special Term and directed judgment for the plaintiff. This action was brought by the plaintiffs’ testator, and in his complaint he" prayed, besides other relief, that the assessments laid upon his land in the town of New Utrecht for opening, grading and improving Cropsey avenue be declared void, and that the defendant be perpetually enjoined from collect,…
1Opinion of the CourtEarl, J.
Oropsey avenue was planned, mapped and laid out under the act, chapter 670 of the Laws of 1869, and it was opened to the width of eighty feet, and graded and mapped under certain resolutions adopted by the board of supervisors of Kings county, by authority of the act, chapter 554 of. the Laws of 1881. Under those resolutions, opening commissioners were appointed by the Supreme Court, who estimated the damages caused to the owners of lands taken, for the avenue, and made awards therefor to such owners, and assessed such damages upon the lands which, in their judgment, were benefited by the…
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