In re Mayor of New York
Appellate Division of the Supreme Court of the State of New York
Appeal from special term, New York county. In the matter of the application of the mayor, aldermen, and commonalty of the city of New York relative to acquiring title to lands required for opening Whittier street.
Read the full summary
Appeal from special term, New York county. In the matter of the application of the mayor, aldermen, and commonalty of the city of New York relative to acquiring title to lands required for opening Whittier street. From an order denying motion to confirm report of the commissioners of estimate and assessment, and sending the report back to the commissioners with a direction to limit the assessment for benefit to one-half the value of the property assessed as valued by the commissioners for the year 1896, the city appeals. Reversed.
1Opinion of the CourtIngraham, J.
This proceeding was commenced on August 3, 1895. The commissioners of estimate and assessment were appointed by an order of the supreme court entered on October 11, 1895. A preliminary report was filed November 20, 1897. By this report the commissioners limited the assessment to one-half of the value of the property as valued by the tax commissioners for the year 3897. The "respondents upon this appeal, however, appeared before the commissioners, and objected to that assessment, upon the ground that it exceeded one-half of the value of the property as assessed for the year 1896, when the…
2Cases cited2 opinions
- In re Mayor of New YorkAppellate Division of the Supreme Court of the State of New York · 1899
- Matter of SchellNew York Court of Appeals · 1879