Hotchkiss v. . City of Binghamton
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered January 5, 1912, affirming a judgment in favor of plaintiff entered upon a decision of the court at a Trial Term. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered January 5, 1912, affirming a judgment in favor of plaintiff entered upon a decision of the court at a Trial Term. The nature of the action and the facts, so far as material, are stated in the opinion. The property owners have signed a conditional application and have accepted a conditional permit and by claiming benefits thereunder are estopped from denying the authority of the commissioner of public works to issue such permit. (Dillon on Mun. Corp. [5th ed.] § 1456; New York v.…
1Opinion of the CourtMiller, J.
The plaintiff constructs cement sidewalks. The defendant’s charter requires property owners to build and maintain walks in front of their premises. It also provides:
“ In case any sidewalk shall be paved or curbed, by the owner, with stone, or any other material other than wood, approved by the commissioner of public works, and such walk or curb being built for the first time, one-half the cost of such paving or curbing, exclusive of the cost of grading, shall, subject to the limitations in the next section provided, be paid by the city, but in no case shall the entire cost of such walk exceed…
2Cases cited3 opinions
- Draper v. Oswego County Fire Relief Ass'nNew York Court of Appeals · 1907
- Clark v. . WestNew York Court of Appeals · 1908
- Phyfe v. . EimerNew York Court of Appeals · 1871
3Cited by9 opinions
- Alsens American Portland Cement Works v. Degnon Contracting Co.New York Court of Appeals · 1917
- United States Ex Rel. Susi Contracting Co. v. Zara Contracting Co.Court of Appeals for the Second Circuit · 1944
- Champion Spark Plug Co. v. Automobile Sundries Co.Court of Appeals for the Second Circuit · 1921
- Motz v. RootOhio Court of Appeals · 1934
- In re the Estate of WatsonNew York Surrogate's Court · 1941
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