Loomis v. . City of Little Falls
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered November 21,1901, reversing a judgment in favor of plaintiff entered upon the report of a referee and granting a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. Plaintiff is not within the scope of the limitation prescribed by section 83 of the city charter.
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Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered November 21,1901, reversing a judgment in favor of plaintiff entered upon the report of a referee and granting a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. Plaintiff is not within the scope of the limitation prescribed by section 83 of the city charter. The action is one to remove a cloud on title and the setting aside, canceling or annulling of the assessment which is sought is only to the extent that it forms a lien and cloud…
1Opinion of the Court
Parker, Ch. J.
The determination of the Appellate Division must be affirmed because this action was not commenced within the period provided by the city charter.
The complaint alleges in detail the omission of the local authorities to comply with certain requirements of the city charter in proceedings taken to build certain sewers and grade a portion of a street, the expense of which was assessed upon property owners benefited, which it was alleged rendered the assessment void; and the relief demanded in the complaint was
I. That all of the said taxes and assessments mentioned and described in…
2Cases cited1 opinion
- Lennon v. . Mayor, Etc., of N.Y. CityNew York Court of Appeals · 1874
3Cited by11 opinions
- City of Chickasha v. O'BrienSupreme Court of Oklahoma · 1915
- Sanders v. . SaxtonNew York Court of Appeals · 1905
- Lewis v. City of LockportNew York Court of Appeals · 1938
- Oak Hill Country Club v. Town of PittsfordNew York Court of Appeals · 1934
- N.Y.C. H.R.R.R. Co. v. . City of YonkersNew York Court of Appeals · 1924
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