In the Matter of Walter
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the first judicial department, made July 1, 1880, affirming an order of Special Term denying an application to vacate an assessment upon certain lots in the city of New York for regulating and grading Fifth avenue from Ninetieth to One Hundred and Twentieth streets. '(Reported below, 21 Hun, 533.) The facts are set forth sufficiently in the opinion.
1Opinion of the CourtRapallo, J.
The only ground upon which the assessment is assailed is, that it was imposed for the expenses of changing the grade of Fifth avenue from Ninetieth to One Hundred and Twentieth streets, which had been already graded and regulated at the expense of the owners of the adjoining lands, and that the written consent of two-thirds of the owners of the lands on the east side of said avenue, opposite to the part assessed, was not obtained as required by Laws of 1852, chapter 52.
The act referred to is entitled “ An act to make permanent the grades of the streets and avenues of the city of New York,”…
2Cited by1 opinion
- In the Matter of the Petition of UpsonNew York Court of Appeals · 1882