Schneider v. City of Rochester
Appellate Division of the Supreme Court of the State of New York
• Appeal by the plaintiff, Matilda Schneider, from a judgment of the Supremé Court in favor of the defendant, entered in the office of the clerk of the county of Monroe on the 23d day of May, 1898, upon the decision -of the court, stating separately the facts found and the conclusions of law,, rendered after á trial • at the MohroS Special Term. The facts are stated in the dissenting opinion of Follett, J.
1Opinion of the Court
Hardin, P. J. :
The constitutionality of the charter was declared by the late General Term, fifth department, when this case ivas before it, and the opinion delivered in this case reported in 90 Hun, 171.
In The Matter of the Laying Out, Opening and Extending Livingston Street in the Village of Rhinebeck (82 N. Y. 621), a charter with provisions quite similar to the charter of the city of Rochester was under review, and it was said the trustees “ may, in their discretion, confirm or annul the report.”
Following what was ¡|aid in the two cases cited, I am constrained to vote to affirm the…
2Cases cited2 opinions
- Schneider v. City of RochesterNew York Supreme Court · 1895
- Matter of Livingston Street in RhinebeckNew York Court of Appeals · 1880