In re the City of New York
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the City of New York, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 19th day of November, 1900, adjudging that chapter 257 of the Laws of 1899 was unconstitutional and void and vacating an order theretofore entered appointing commissioners for the proposed improvement of Clinton avenue, borough of Brooklyn.
1Opinion of the Court
Woodward, J.:
By the provisions of chapter 257 of the Laws of 1899 it was made the duty of the city of New York to institute proceedings to widen Clinton avenue, in the borough of Brooklyn and city of New York, in conformity with the provisions of the said act. The proceedings were instituted, resulting in the appointment of commissioners without opposition, but certain property holders subsequently appeared and asked the court to open their default in the proceedings, basing their application on the ground that the statute under which the commissioners were appointed is unconstitutional and…
2Cases cited15 opinions
- Shoemaker v. United StatesSupreme Court of the United States · 1893
- Conner v. . the Mayor, C. of New YorkNew York Court of Appeals · 1851
- Sage v. . City of BrooklynNew York Court of Appeals · 1882
- Coxe v. . StateNew York Court of Appeals · 1895
- Sweet v. . City of SyracuseNew York Court of Appeals · 1891
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3Cited by25 opinions
- Denihan Enterprises, Inc. v. O'DwyerNew York Court of Appeals · 1951
- State ex rel. Twin City Building & Investment Co. v. HoughtonSupreme Court of Minnesota · 1919
- Burke v. KernNew York Court of Appeals · 1941
- State ex rel. Holliday v. O'LearyMontana Supreme Court · 1911
- Sawyer Stores, Inc. v. MitchellMontana Supreme Court · 1936
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