Matter of Livingston
New York Court of Appeals
Appeal from order of the General Term of the Supreme '■'Court in the first judicial department, made at the January Term 1889 which affirmed an order of Special Term denying a motion to vacate an assessment. The nature of the proceeding and the material facts are stated in the opinion.
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Appeal from order of the General Term of the Supreme '■'Court in the first judicial department, made at the January Term 1889 which affirmed an order of Special Term denying a motion to vacate an assessment. The nature of the proceeding and the material facts are stated in the opinion. In the performance of work of this character and expenditure of money, the city and its officers act as agents and trustees for the property owners, by whom the expense is finally to be defrayed. (In re Anderson, 109 N. Y. 550-559.) As such agents the city was bound, not only to good faith, but to reasonable…
1Opinion of the CourtO’Brien, J.
This proceeding was instituted by the petitioner, a property owner, to vacate or reduce a local assessment, imposed by the proper authorities of the city of Xew York, for the purpose of reimbursing the city for large expenses incurred from July, 1872, to about May, 1886, in regulating, grading, curbing and otherwise improving Morningside avenue. The local improvement, for the expenses of which the assessment was made, was first authorized and commenced under chapter 697 of the Laws of 1867, and chapter 288 of the Laws of 1868.
It seems to be conceded on all sides that prior to the year 1880,…
2Cases cited6 opinions
- The People Ex Rel. Jackson v. . PotterNew York Court of Appeals · 1872
- Spencer v. . MerchantNew York Court of Appeals · 1885
- Thomas v. . BeebeNew York Court of Appeals · 1862
- Matter of AndersonNew York Court of Appeals · 1888
- In Re the Trustees of the Leake & Watts Orphan HomeNew York Court of Appeals · 1883
1 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- People v. RyanNew York Court of Appeals · 1937
- Fitzgerald v. WalkerSupreme Court of Arkansas · 1891
- Less v. City of ButteMontana Supreme Court · 1903
- Gwynne v. Board of Education of Union Free School District No. 3New York Court of Appeals · 1932
- County of Orange v. EllsworthAppellate Division of the Supreme Court of the State of New York · 1904
11 more not listed; retrieve them via the Exa API.