Matter of Willett
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the first judicial -department, affirming an order of Special Term, denying a motion to vacate an assessment for re-paving Delancey street in the city of New York, because of failure to publish the resolution of the board of aldermen, authorizing the improvement.
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Appeal from order of the General Term of the Supreme Court in the first judicial -department, affirming an order of Special Term, denying a motion to vacate an assessment for re-paving Delancey street in the city of New York, because of failure to publish the resolution of the board of aldermen, authorizing the improvement. It appeared that a prior assessment for paving the same street was imposed upon the premises in 1831, no proof was presented by the petitioner that said assessment had ever been paid. The failure to publish in the New York Leader the resolution and ordinance was fatal to…
1Opinion of the CourtEarl, J.
This is a proceeding to vacate an assessment for repaving Delancey street, in the city of New York, and under section 7 of chapter 580, of the Laws of 1872, the relief in this case can be granted only in case an assessment for paving the same street has once been paid.
It appears that there was an assessment for paving this street in 1831, but there was no proof that the assessment had even, in fact, been paid. The petitioner relies entirely upon the presumption of payment from the lapse of time. This will not do. In this proceeding taken by him, seeking affirmative relief, depending upon the…
2Cases cited1 opinion
- Lawrence v. . BallNew York Court of Appeals · 1856
3Cited by3 opinions
- House v. . CarrNew York Court of Appeals · 1906
- House v. . CarrNew York Court of Appeals · 1906
- Tysen v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1925