In the Matter of the Application of Lange
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the first judicial department, made. February 4, 1881, which affirmed an order of Special Term, vacating an assessment on lands of the petitioner for regulating, grading, etc.,' One Hundred and Sixteenth street, in the city of Hew York. The facts sufficiently appear in the opinion.
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Appeal from order of the General Term of the Supreme Court, in the first judicial department, made. February 4, 1881, which affirmed an order of Special Term, vacating an assessment on lands of the petitioner for regulating, grading, etc.,' One Hundred and Sixteenth street, in the city of Hew York. The facts sufficiently appear in the opinion. The board of revision and correction of assessments is a judicial body and its conclusions upon all matters within its jurisdiction are, to all intents and purposes, judgments. (Laws of 1872, chap. 580, § 6; Embury v. Conner, 3 N. Y. 511; Clemens v.…
1Opinion of the CourtAndrews, J.
No valid assessment could be imposed upon the property of the petitioner, for the expense of regulating, grading, etc., Seventy-second street. The work was not let by contract, but was done by day’s work, and wé have recently decided in the case, In re Robbins (82 N. Y. 131), that the omission to let the work by contract, was a'fatal objection to the whole assessment.
But it is claimed that the petitioner is concluded from questioning the validity of the assessment, for the reason that prior to its confirmation by the board for the revision and correction of assessment-lists, he appeared upon…
2Cases cited5 opinions
- Embury v. . ConnerNew York Court of Appeals · 1850
- Matter of Petition of Ferdinand MayerNew York Court of Appeals · 1872
- Doughty v. HopeNew York Court of Appeals · 1848
- Doughty v. . HopeNew York Court of Appeals · 1847
- In the Matter of the Petition of RobbinsNew York Court of Appeals · 1880
3Cited by6 opinions
- Reilly v. . City of AlbanyNew York Court of Appeals · 1889
- Breath v. City of GalvestonTexas Supreme Court · 1899
- In re DeeringNew York Court of Common Pleas · 1886
- Chase v. Mayor of New YorkAppellate Division of the Supreme Court of the State of New York · 1897
- In re the Incorporated Village of HempsteadAppellate Division of the Supreme Court of the State of New York · 1944
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