Matter of the Petition of Ralph Marsh
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court of the first judicial department, made July 1, 1880, reversing an order of Special Term, vacating an assessment upon lands of the petitioner for regulating, grading, etc., Ninety-sixth street in the city of New York. (Mem. of decision below, 21 Hun, 582.) The facts appear sufficiently in the opinion.
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Appeal from order of the General Term of the Supreme Court of the first judicial department, made July 1, 1880, reversing an order of Special Term, vacating an assessment upon lands of the petitioner for regulating, grading, etc., Ninety-sixth street in the city of New York. (Mem. of decision below, 21 Hun, 582.) The facts appear sufficiently in the opinion. The work for which this assessment was laid could only be done by contract given to the lowest bidder, and founded on sealed bids and proposals and pub-lie competition. (Laws of 1870, chap. 137, art. 15, § 104; Laws of 1861, chap. 308;…
1Opinion of the CourtEarl, J.
The petitioner asks to have the assessment in this case vacated on two grounds: (1) Because the notice inviting bids for the work upon the street contained the following provision : “ Bidders will state in their proposals the price for excavating rock per cubic yard (one-fourth the price bid for rock excavation will be allowed as the price paid for earth excavation per cubic yard); ” and (2) because the contract for the work was not let to the lowest bidder.
In 1867, the common council of the city of 27ew York passed an ordinance that 27inety-sixth street, from Fifth avenue to the East river,…
2Cited by10 opinions
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- Gratz v. City of Kirk-WoodMissouri Court of Appeals · 1912
- Caruci v. DulanNew York Supreme Court · 1964
- Rockland Haulage, Inc. v. Village of Upper NyackAppellate Division of the Supreme Court of the State of New York · 1961
- Consolidated Sheet Metal Works, Inc. v. Board of EducationNew York Supreme Court · 1970
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