Legal Opinion

In re Phœnix

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

Decided July 17, 1900Published

Appeal from special term, New York county. Application of Phillips Phoenix, trustee, and the Metropolitan Trust Company, for a reduction of the amount of a special assessment for a street improvement. From an order reducing the same, the city of New York appeals.

1Opinion of the CourtHatch, J.

The ground upon which the reduction of the assessment in this case was asked is that substantial error in laying the same has been committed. It was decided by this court in Re New York Cent. & H. R. R. Co., 49 App. Div. 281, 63 N. Y. Supp. 52, that the court had jurisdiction to make an order, under the provisions of the charter, reducing an assessment, for substantial error. This case construes sections 959 and 962 of the charter (Laws 1897, c. 378); the court reaching the conclusion that such provisions of the charter do not authorize the setting aside of an assessment, but that they do…

2Cases cited2 opinions

  1. In re New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1900
  2. In re New York Central & Hudson RailroadAppellate Division of the Supreme Court of the State of New York · 1900

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