Matter of City of New York
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered November 22,1907, which affirmed an order of Special Term confirming the report of commissioners of estimate and assessment in the above-entitled proceeding.
1Per curiam
The order appealed from is affirmed, with
costs. The question whether the commissioners exceeded the limitation prescribed by section 980 of the charter by assessing the property benefited at more than one-half its value, is not passed upon because not presented by the record. The appellant should have moved to send the report back to the commissioners with instructions that they specify whether their valuation was made as of the date when title vested or as of the date of their report.
Cullen, Ch. J., Gray, Vann, Werner, Willard Bartlett, Hiscock and Chase, JJ., concur.
Order affirmed.
2Cited by4 opinions
- In re City of New YorkAppellate Division of the Supreme Court of the State of New York · 1910
- In re City of New YorkNew York Supreme Court · 1914
- In re Cotton Street in Borough of RichmondNew York Supreme Court · 1914
- In re City of New YorkAppellate Division of the Supreme Court of the State of New York · 1911