Legal Opinion

In re the City of New York

New York Supreme Court

Decided June 15, 1904Published

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

  1. Long Island Railroad v. ReillyAppellate Division of the Supreme Court of the State of New York · 1903

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