Dyker Meadow Land & Improvement Co. v. Cook
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department in favor of the defendant, entered April 22, 1896, upon a decision of a -controversy submitted under section 1279 of the Code of Civil Procedure. The facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department in favor of the defendant, entered April 22, 1896, upon a decision of a -controversy submitted under section 1279 of the Code of Civil Procedure. The facts, so far as material, are stated in the opinion. The General Term was in error in deciding that chapter 622 of the Laws of 1886, under which the commissioners for grading Seventh avenue assumed to act, in omitting to impose any assessment' for the expenses of said improvement upon the property belonging to the Sisters of Mercy fronting on…
1Per curiam
The questions in this case are presented by a submission of the controversy between the parties upon admitted facts under the provisions of the Code of Civil Procedure. (§§ 1279-1281.) The obvious purpose of this action was to obtain an adjudication as to the right of the plaintiff to compel the defendant to accept the title offered to certain real estate which it contracted to sell and convey to him free from any incumbrance or lien thereon. The latter refused to complete his purchase upon the ground that a local assessment made for the improvement of Seventh avenue in the town of Mew…
2Cases cited3 opinions
- Heller v. . CohenNew York Court of Appeals · 1897
- McPherson v. . SchadeNew York Court of Appeals · 1896
- Stokes v. . StokesNew York Court of Appeals · 1898
3Cited by11 opinions
- Voorheesville Rod & Gun Club, Inc. v. E. W. Tompkins Co.New York Court of Appeals · 1993
- In re Brooklyn Children's Aid SocietyAppellate Division of the Supreme Court of the State of New York · 1915
- People Ex Rel. Olin v. . HennessyNew York Court of Appeals · 1912
- Vandervort v. HigginbothamAppellate Division of the Supreme Court of the State of New York · 1995
- Gateway Development & Manufacturing, Inc. v. Commercial Carriers, Inc.Appellate Division of the Supreme Court of the State of New York · 2002
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