Copcutt v. City of Yonkers
New York Supreme Court
Appeal from special term, Westchester county. Action by John Copcutt against the city of Yonkers. There was a judgment in favor of plaintiff, and defendant appeals.
1Opinion of the CourtCullen, J.
This is an appeal from a judgment of the special term enjoining the defendant from laying out and opening a street through a tract of land owned by the plaintiff, and from fixing a district of assessment for such improvement. We agree with the special term that the resolution adopted by the common council directing the improvement is fatally defective, in failing to specify according to which of the two plans and descriptions then on file in the city clerk’s office the street is to be laid out. This defect could not be obviated by the action of the city clerk in thereafter attaching to the…
2Cases cited3 opinions
- Mayor of Brooklyn v. MeseroleNew York Supreme Court · 1841
- Guest v. . the City of BrooklynNew York Court of Appeals · 1877
- Mooers v. SmedleyNew York Court of Chancery · 1822
3Cited by8 opinions
- State of Ga. v. Toll Bridge AuthoritySupreme Court of Georgia · 1954
- McCormick v. MooreMissouri Court of Appeals · 1909
- Dickey v. HolmesMissouri Court of Appeals · 1904
- Miller v. StateCourt of Appeals of Georgia · 1951
- Harriman v. . City of YonkersNew York Court of Appeals · 1905
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