Legal Opinion

Harriman v. City of Yonkers

Appellate Division of the Supreme Court of the State of New York

Decided November 15, 1905Published

Appeal by the defendant, The City of Yonkers, from an order of the Supreme Court, made at the Westchester Special Term arid •entered in the office of the clerk of the county of Westchester on the 25th day of July, 1905, denying fhe defendant’s motion to amend an order and judgment theretofore entered upon a remittitur from the Court of Appeals. ■ -

1Opinion of the Court

Willard Bartlett, J.:

The-' plaintiffs brought this action to set aside an assessment for the construction of Harriman avenue in the city of Yonkers,, on' the ground that'such assessment was invalid and constituted a cloud upon his title. Upon the trial of the action at Special Term judgment was rendered in favor of the defendant. -An appeal,was taken by the plaintiffs to this court and we reversed that judgment and granted a new trial! (Harriman v. City of Yonkers, 82 App. Div. 408.) The defendant thereupon appealed to the Court of Appeals, -stipulating that judgment absolute might be…

2Cases cited4 opinions

  1. Bossout v. Rome, Watertown & Ogdensburg R. R. Co.New York Court of Appeals · 1892
  2. Hiscock v. . HarrisNew York Court of Appeals · 1880
  3. Harriman v. . City of YonkersNew York Court of Appeals · 1905
  4. Harriman v. City of YonkersAppellate Division of the Supreme Court of the State of New York · 1903

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