Legal Opinion

Bussing v. . City of Mount Vernon

New York Court of Appeals

Decided March 29, 1910PublishedCited by 7 opinions

Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered October 22, 1907, reversing a judgment in favor of - plaintiff entered upon the report of a referee and directing a dismissal of the complaint. The nature of the action and the facts, so far as material, are stated in the opinion.

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Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered October 22, 1907, reversing a judgment in favor of - plaintiff entered upon the report of a referee and directing a dismissal of the complaint. The nature of the action and the facts, so far as material, are stated in the opinion. In any proceeding for the assessment or taxation of real property, the procedure upon which the assessment is founded must be a strict compliance with the statutory provisions in relation thereto. (Merritt v. Vil. of Port Chester, 71 N. Y. 309; Gilbert v.…

1Opinion of the CourtHaight, J.

This action was brought by the plaintiff to remove a cloud upon the title to certain real estate owned by him in the city of Mount Vernon. The alleged cloud consists of .three separate assessments, one for the laying out and o]3ening of Fourth street, another for laying a flag sidewalk, and another for the construction of a sewer in the street. The common council of Mount Vernon consisted of ten aldermen. On the 13tli day of April, 1898, at a meeting of the board of aldermen, a resolution was passed, by eight of the ten aldermen, two being absent, for the extending and improving of Fourth…

2Cases cited19 opinions

  1. Stuart v. . PalmerNew York Court of Appeals · 1878
  2. Mellen v. . MellenNew York Court of Appeals · 1893
  3. Chapman v. BrewerSupreme Court of the United States · 1885
  4. Scott v. . OnderdonkNew York Court of Appeals · 1856
  5. Jex v. Mayor, Aldermen & CommonaltyNew York Court of Appeals · 1886

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3Cited by7 opinions

  1. Jarl Co. v. Village of Croton-On-HudsonNew York Court of Appeals · 1932
  2. In re the Probate of a Paper Propounded as the Last Will & Testament of MooneyNew York Surrogate's Court · 1911
  3. French v. City of New RochelleAppellate Division of the Supreme Court of the State of New York · 1910
  4. Savatgy v. City of KingstonNew York Supreme Court · 1966
  5. City & County Contract Co. v. BussingAppellate Division of the Supreme Court of the State of New York · 1913

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