In re the City of New York
New York Supreme Court
Motion to confirm report of commissioners of estimate and assessment.
1Opinion of the CourtKelly, J.
I will not interfere with the decision of the commissioners in the matter of dividing the assessment for benefits. That was a subject peculiarly within their jurisdiction, and their judgment should not be disturbed save on *127clear and unmistakable evidence of error or injustice. The case does not present such erroneous principles. See Long Island R. R. Co. v. Reilly, 89 App. Div. 166; Matter of Willink Entrance, decided June 17, 1904. Nor do I think the failure to award interest on the allowance for damages for change of grade calls for the denial of the motion to confirm their report.
But…
2Cases cited1 opinion
- Long Island Railroad v. ReillyAppellate Division of the Supreme Court of the State of New York · 1903