Legal Opinion

In the Matter of the Petition of Robbins

New York Court of Appeals

Decided September 21, 1880PublishedCited by 10 opinions

Appeal from order of the General Term of the Supreme Court in the first judicial department, reversing an order of Special Term which vacated an assessment upon certain lots of the petitioner, for regulating, grading, etc., the eastern boulevard 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, reversing an order of Special Term which vacated an assessment upon certain lots of the petitioner, for regulating, grading, etc., the eastern boulevard in the city of New York. (Reported below, 20 Hun, 530.) The work was done by the department of public works, under chapter 528, Laws of 1873. No proposals were advertised for, and no contract for the work let, but it was done by day’s work. The work should have been done by contract founded on sealed bids or proposals, after advertisements pursuant to…

1Opinion of the CourtRapallo, J.

The first ground fo.r vacating the assessment, alleged in the petition, is, that no contract for doing the work for the expenses of which the assessment was laid; was made in conformity with the provisions of article 16 of chapter 335 of the Laws of 1873. (Charter of 1873, § 91.)

The section referred to provides that “ whenever any work is necessary to be done to complete or perfect a particular job, or any supply is needful for any particular purpose, which work and job is to be undertaken or supply furnished for the corporation, and the several parts of said work or supply shall together…

2Cases cited2 opinions

  1. In Re the Emigrant Industrial Savings BankNew York Court of Appeals · 1878
  2. Greene v. . Mayor, Etc., of N.Y. CityNew York Court of Appeals · 1875

3Cited by10 opinions

  1. Breath v. City of GalvestonTexas Supreme Court · 1899
  2. Matter of PennieNew York Court of Appeals · 1888
  3. In the Matter of the Application of LangeNew York Court of Appeals · 1881
  4. In the Matter of WeilNew York Court of Appeals · 1881
  5. In the Matter of the Petition of BlodgettNew York Court of Appeals · 1883

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