Ryan v. Domestic Realty Co.
Appellate Terms of the Supreme Court of New York
Appeal by the plaintiff from a judgment of the Municipal Court of the city of New York, borough of the Bronx, second district, rendered in favor of the defendant.
1Opinion of the CourtPendleton, J.
This appeal involves the question as to whether an assessment for benefit in a street opening proceeding in the city of New York becomes a “ charge, incumbrance or lien ” within the meaning of a covenant against incumbrances under section 253, of the Real Property Law, subdivision 3, on confirmation by order of the court, or only after entry of the assessment in the office of the collector of assessments and arrears, under section 1017 of the charter.
Section 986 of the charter provides that the report *450of the commissioners of assessments, when confirmed by the Supreme Court, shall be final and…
2Cases cited4 opinions
- Lathers v. . KeoghNew York Court of Appeals · 1888
- Real Estate Corporation v. . HarperNew York Court of Appeals · 1903
- Hastings v. Twenty-Third Ward Land Improvement Co.Appellate Division of the Supreme Court of the State of New York · 1900
- Cuba v. DruskinAppellate Division of the Supreme Court of the State of New York · 1909
3Cited by1 opinion
- Doonan v. KillileaNew York Supreme Court · 1914