Segfried Construction Co. v. City of New York

Prince, J.:

The plaintiff owns the property at the southeast corner of One Hundred and Sixty-ninth street and Haven avenue, in the city of New York. It paid the defendant, the city of New York, $206.18, the amount of. an assessment levied against its property for the paving of Haven avenue, between One Hundred and Sixty-ninth and One Hundred and Seventieth streets. It claims that the assessment was illegal and seeks to recover this payment. If the assessment was illegal, the plaintiff is not barred from a recovery because the payment was voluntary. The assessment was regular on its face,…