Legal Opinion

Nolan v. Bureau of Assessors of New York City Finance Administration

New York Court of Appeals

Decided July 6, 1972PublishedCited by 10 opinions

1Opinion of the CourtBurke, J.

In this article 78 proceeding, we are asked to determine whether “ special assessments ” against petitioners’ properties for a sewer project in the northeast Bronx were properly vacated by the courts below.

The issues raised by the petition were whether work done by the city as part of the so-called Conner Street Sewer Project in the northeast Bronx, to the extent relevant to the petitioners, constituted nonassessable repair and maintenance chargeable to the city’s sewer fund or, in the alternative, to the extent that it was a qapital improvement, e.g., replacement with larger pipe of an…

2Cases cited15 opinions

  1. O'Reilley v. . City of KingstonNew York Court of Appeals · 1889
  2. In the Matter of the Petition of CrugerNew York Court of Appeals · 1881
  3. Tingue v. . Village of Port ChesterNew York Court of Appeals · 1886
  4. County of Monroe v. . City of RochesterNew York Court of Appeals · 1898
  5. N.Y.C. H.R.R.R. Co. v. . City of YonkersNew York Court of Appeals · 1924

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3Cited by10 opinions

  1. New York State Dormitory Authority v. Board of Trustees of Hyde Park Fire & Water DistrictNew York Court of Appeals · 1995
  2. Lee Pokoik v. Incorporated VillageAppellate Division of the Supreme Court of the State of New York · 1988
  3. Pikas v. Town of Grand IslandAppellate Division of the Supreme Court of the State of New York · 1984
  4. Batti v. Town of AusterlitzAppellate Division of the Supreme Court of the State of New York · 2010
  5. New York State Dormitory Authority v. Board of Trustees of the Hyde Park Fire and Water DistrictAppellate Division of the Supreme Court of the State of New York · 1994

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