Bork v. . City of Buffalo
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made the first Tuesday of October, 1888, which affirmed a judgment in favor of defendants, entered upon a decision of the court on trial at Special Term.
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Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made the first Tuesday of October, 1888, which affirmed a judgment in favor of defendants, entered upon a decision of the court on trial at Special Term. This is an action to restrain the defendant, the city of Buffalo, from confirming, 'collecting or enforcing a local assessment for paving Fillmore avenue in said city and to restrain all of the defendants from entering or continuing upon said avenue for the purpose of paving the same. The parties stipulated and the trial…
1Opinion of the CourtYam, J.
The plaintiff claims that the contract entered into by the park commissioners for the paving of Fillmore avenue is invalid, because the assessment therefor had not been previously confirmed by the common council. This claim is based upon a section of the charter of the city of Buffalo, which prohibits that city from entering into a contract for any work or improvement, with certain immaterial exceptions, at a price exceeding five hundred dollars, “ until the assessment therefor has been confirmed.” (L. 1870, ch. 519, p. 1205, §19, as amended by L. 1885, ch. 181, p. 325, § 20.) The main…
2Cited by6 opinions
- People ex rel. Churchyard v. Board of Councilmen of BuffaloThe Superior Court of the City of New York and Buffalo · 1892
- People ex rel. Smith v. MosierAppellate Division of the Supreme Court of the State of New York · 1909
- In re SmithAppellate Division of the Supreme Court of the State of New York · 1909
- Kinsella v. City of AuburnNew York Supreme Court · 1889
- People ex rel. Churchyard v. Board of CouncilmenSuperior Court of Buffalo · 1892
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