Matter of Petition of Anthony Dugro
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 to vacate an assessment for paving Fifty-eighth street with Nicolson pavement, between Third avenue and Lexington avenue, in the city of New York.
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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 to vacate an assessment for paving Fifty-eighth street with Nicolson pavement, between Third avenue and Lexington avenue, in the city of New York. The ground of the application was that the pavement was a patent pavement; and as it could not be made the subject of competitive bids, the contract for laying it violated section 104 of chapter 137, Laws of 1870, and was, therefore, void. The contract for the work was made in 1870, after the passage…
1Opinion of the CourtAllen, J.
Among the general, powers vested in the common council of the city of Pew York, is that of “ making and laying out all the streets, lanes, alleys and highways in and throughout the said city, the island of Manhattan, in such manner as the said common council for the time being, or the major part of them, shall think or judge to be necessary and convenient for all inhabitants and travelers there.” (Montgomerie charter, § 16; Davies’ Laws of N. Y., 177.) This grant of power is of a public nature, and maybe exercised by the common council at discretion, except as curtailed'or controlled by…
2Cases cited1 opinion
- People Ex Rel. Smith v. FlaggNew York Court of Appeals · 1858
3Cited by45 opinions
- Baird v. . Mayor, Etc., of City of N.Y.New York Court of Appeals · 1884
- Verdin v. City of St. LouisSupreme Court of Missouri · 1895
- Mayor of Baltimore v. FlackCourt of Appeals of Maryland · 1906
- Barber Asphalt Paving Co. v. HuntSupreme Court of Missouri · 1889
- Kilvington v. City of SuperiorWisconsin Supreme Court · 1892
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