People Ex Rel. Tytler v. . Green
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the first judicial department, affirming an order granting the issuing of a writ of peremptory mandamus, directed to defendants as the board of revision and correction of assessment lists, in the city of Row York, commanding them to meet as such board, and to receive and confirm the assessment list for regulating and grading One Hundred and Twenty-third street, from Eighth avenue to Mount Morris square, as it…
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Appeal from order of the General Term of the Supreme Court in the first judicial department, affirming an order granting the issuing of a writ of peremptory mandamus, directed to defendants as the board of revision and correction of assessment lists, in the city of Row York, commanding them to meet as such board, and to receive and confirm the assessment list for regulating and grading One Hundred and Twenty-third street, from Eighth avenue to Mount Morris square, as it shall be received from the board of assessors, without deducting or altering an award for damages made to relator, and…
1Opinion of the Court
Church, Ch. J.
The objection interposed by the board of revision and correction of assessment lists, etc., to confirming the award in favor of the relator for damages sustained by a change of grade of One Hundred and Twenty-second street, is based upon the fact that the change was not made in conformity to the act chapter 52 of the Laws of 1852. By that act, a change of the grade of a street could only be made by the common council, and they were required to publish notice of the same in a specified number of “newspapers, procure the written consent of owners, etc. Section 3 of said act…
2Cited by4 opinions
- 103 Park Avenue Co. v. Exchange Buffet Corp.New York Court of Appeals · 1926
- In re MillerNew York Supreme Court · 1886
- Parke v. City of SeattleWashington Supreme Court · 1892
- People ex rel. Rothschild v. MuhAppellate Division of the Supreme Court of the State of New York · 1905