Matter of Peugnet
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the first judicial department reversing an order of Special Term vacating an assessment upon two lots owned by the petitioner, for repaving Fortieth street, in the city of New York, from Third avenue to Madison avenue. (Reported below, 5 Hun, 434.) The petition showed that a former assessment upon the lots for paving had been paid.
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Appeal from order of the General Term of the Supreme Court in the first judicial department reversing an order of Special Term vacating an assessment upon two lots owned by the petitioner, for repaving Fortieth street, in the city of New York, from Third avenue to Madison avenue. (Reported below, 5 Hun, 434.) The petition showed that a former assessment upon the lots for paving had been paid. The assessment in question was confirmed January 30, 1874. The ordinance authorizing the work was passed by the common council April 27, 1871. When the work was done did not appear in the petition, nor…
1Opinion
Upon decision of a motion for re-argument, the following opinion was handed down: The conflict between our decision in this case and that madeIn re Astor (53 N.Y., 617), is rather apparent than real. The decisions are easily reconciled when the facts of each are understood, and without disturbing the effect given in the reported case to section 7 of chapter 580 of the Laws of 1872. The statute of 1872 was passed May 7 of that year, and as interpreted in Astor's case (supra), saved the rights of all persons assessed for a repaving then already completed, or then being done, to relief, and to…
2Cases cited2 opinions
- Ely and Others v. . HoltonNew York Court of Appeals · 1857
- Matter of AstorNew York Court of Appeals · 1873