Legal Opinion

Matter of Munn

New York Court of Appeals

Decided December 11, 1900PublishedCited by 9 opinions

Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, made March 9, 1900, affirming an order of Special Term vacating an assessment upon certain property in the city of New York. The nature- of the proceeding and the facts, so far as material, are stated in the opinion. An appeal lies to the Court of Appeals from the order of the Appellate Division in this proceeding.

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Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, made March 9, 1900, affirming an order of Special Term vacating an assessment upon certain property in the city of New York. The nature- of the proceeding and the facts, so far as material, are stated in the opinion. An appeal lies to the Court of Appeals from the order of the Appellate Division in this proceeding. (Matter of Tallmage, 160 N. Y. 512; Moulton v. Cornish, 138 N. Y. 133; Matter of Dodd, 27 N. Y. 629; Matter of Palmer, 40 N. Y. 561; Matter of Douglass, 46 N. Y. 42; Matter of…

1Opinion of the CourtO’Brien, J.

This is a special proceeding instituted by a property owner to review an assessment levied for a local improvement. The petitioner was the owner of a block on lower Broadway at or near the corner of Morris street, the drain from which passed over his neighbor’s lot. There was a disagreement between himself and the owner of the lot over which the drain passed as to his right to maintain the drain. The neighbor threatened to revoke, or actually did revoke, the license for the maintenance of such drain. The petitioner then applied to the city authorities to construct a public sewer into which he…

2Cases cited10 opinions

  1. Norwood v. BakerSupreme Court of the United States · 1898
  2. Van Arsdale v. . KingNew York Court of Appeals · 1898
  3. In the Matter of the Petition of CrugerNew York Court of Appeals · 1881
  4. Moulton v. . CornishNew York Court of Appeals · 1893
  5. People Ex Rel. Davidson v. . GilonNew York Court of Appeals · 1891

5 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. Blakemore v. CooperNorth Dakota Supreme Court · 1905
  2. Matter of Torge v. . Vil. of SalamancaNew York Court of Appeals · 1903
  3. Batterman v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1901
  4. McLaughlin v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1913
  5. Guitian v. El Gobierno de Puerto RicoSupreme Court of Puerto Rico · 1907

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