In Re the Emigrant Industrial Savings Bank
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the first judicial department, affirming an order of Special Term denying an application of the petitioner above named to vacate an assessment for paving, curbing, guttering and flagging One Hundred and Forty-fifth street from Seventh avenue to the Boulevard.
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Appeal from order of the General Term of the Supreme Court, in the first judicial department, affirming an order of Special Term denying an application of the petitioner above named to vacate an assessment for paving, curbing, guttering and flagging One Hundred and Forty-fifth street from Seventh avenue to the Boulevard. The court erred in finding that as this was not a case of repavement and no fraud was alleged it was not within the provisions of chapter 313 of Laws of 1874. (In re Second Ave. M. E. Church, 66 N. Y., 395; In re Zborowski, 68 id., 88; In re Rhinelander, id., 105.) The…
1Opinion of the CourtRapallo, J.
The petition in this matter specifies two grounds upon which the petitioner claims that the assessment should be vacated. First, that no contract for the work, for the expense of which the assessment was laid, was advertised for or made in conformity with the provisions of section 91 of the charter of 1873 (Laws of 1873, page 508) and Secondly, that there is included in the assessment the cost of work not authorized by the ordinance upon which the assessment is founded. The first ground is the only one which we deem it necessary to consider.
The work and supplies necessary to complete the…
2Cases cited1 opinion
- Thompson v. . SchermerhornNew York Court of Appeals · 1851
3Cited by40 opinions
- Gerzof v. SweeneyNew York Court of Appeals · 1968
- Gerzof v. SweeneyNew York Court of Appeals · 1965
- Molloy v. . City of New RochelleNew York Court of Appeals · 1910
- Phelps v. . Mayor, Etc., of New YorkNew York Court of Appeals · 1889
- East Side Construction Co. v. Town of AdamsMassachusetts Supreme Judicial Court · 1952
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