Eno v. Mayor of New York
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, affirming a judgment entered upon an order sustaining a demurrer to plaintiff’s complaint. The complaint in this action sets forth, in substance, that plaintiff is the owner of property situated on Seventy-seventh street, in ¡New York city. That an assessment of $7,000 and upwards has been imposed upon his property for regulating that street.
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Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, affirming a judgment entered upon an order sustaining a demurrer to plaintiff’s complaint. The complaint in this action sets forth, in substance, that plaintiff is the owner of property situated on Seventy-seventh street, in ¡New York city. That an assessment of $7,000 and upwards has been imposed upon his property for regulating that street. That such assessment is in the nature of a judgment, and that he never had notice of the same until after the confirmation of the assessment by the board of…
1Opinion of the CourtEarl, J.
The plaintiff in his complaint claims relief from the assessment in question upon three grounds, which I will consider separately:
(1.) It is claimed that the resolution and ordinance authorizing the improvement on account of which the assessment was made, was not published as required by the law in force at the time. In section 7 of chapter 580 of the Laws of 1872, as amended by chapter 313 of the Laws of 1874, it is provided that for such an irregularity or defect, no assessment shall be vacated or set aside, in the absence of fraud; and in Lannon v. The Mayor (55 N. Y., 361) it was held…
2Cases cited1 opinion
- Lennon v. . Mayor, Etc., of N.Y. CityNew York Court of Appeals · 1874
3Cited by8 opinions
- Travelers Casualty & Surety Co. v. Dormitory Authority-StateDistrict Court, S.D. New York · 2010
- Bigler v. Mayor of New YorkNew York Supreme Court · 1877
- Mansfield v. City of LockportNew York Supreme Court · 1898
- People Ex Rel. Martin v. . MyersNew York Court of Appeals · 1892
- Clowes v. Mayor of New YorkNew York Supreme Court · 1888
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