In re Eytzinger
New York Supreme Court
Special proceeding instituted by tbe petitioners as property owners under section 959 of tbe charter to review an assessment levied for a local improvement. Tbe petitioners own three lots in tbe borough of Brooklyn facing on Belmont avenue on tbe southwest corner of Vermont street and two lots facing on Vermont street immediately south of tbe .other three.
Read the full summary
Special proceeding instituted by tbe petitioners as property owners under section 959 of tbe charter to review an assessment levied for a local improvement. Tbe petitioners own three lots in tbe borough of Brooklyn facing on Belmont avenue on tbe southwest corner of Vermont street and two lots facing on Vermont street immediately south of tbe .other three. An assessment upon said lots with others in the vicinity was confirmed April 7, 1914, and was for regulating, grading, curbing and laying sidewalks on Belmont avenue from Pennsylvania avenue to Wyona street. Included in the assessment were…
1Opinion of the CourtKelly, J.
I think the application must be denied for the following reasons:
1. Because the matters alleged in the petition do not constitute “ substantial error,” authorizing the court to interfere with the action of the board of assessors.
2. Because the proof does not warrant a finding reversing the determination of the board of estimate and the subsequent proceedings of the local board of the New Lots district and the board of assessors that the work done involved a change of grade provided for in the charter.
The power of the court to interfere with assessments for local improvements is derived…
2Cases cited6 opinions
- Matter of LivingstonNew York Court of Appeals · 1890
- In the Matter of the Petition of RobbinsNew York Court of Appeals · 1880
- Matter of MunnNew York Court of Appeals · 1900
- Scudder v. . Mayor, Etc., of New YorkNew York Court of Appeals · 1895
- In re HagemeyerAppellate Division of the Supreme Court of the State of New York · 1906
1 more not listed; retrieve them via the Exa API.