In re Brady
The Superior Court of New York City
Appeal from an order of the special term denying the motion of the petitioner to vacate an assessment. The assessment was laid April 27, 1871. This proceeding was begun December 27, 1879.
1Opinion of the Court
By the Court.—Horace Russell, J.
The order appealed from should, in my judgment, be affirmed on the ground of laches.
This case, so far as laches is concerned, is like that of Lord (78 N. Y. 109 ; 21 Hun, 555). In that case, an assessment was continued in September, 1869 ; the petitioner commenced proceedings in the supreme court in December, 1876. His petition was denied at special term on the ground of laches. The general term affirmed the order; the court of appeals reversed the decisions below, because it did not appear that there *37had been any change in the relative position of any of the…
2Cases cited7 opinions
- Flike v. . Boston and Albany R.R. Co.New York Court of Appeals · 1873
- People ex rel. Church v. Supervisors of AlleganyNew York Supreme Court · 1836
- Wiggin v. Mayor of New-YorkNew York Court of Chancery · 1841
- Ex Parte J. B. Elmendorf v. Mayor of New-YorkNew York Supreme Court · 1841
- The People v. . StilwellNew York Court of Appeals · 1859
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