In re McCormack
New York Supreme Court
PETITION", under the act of 1858, (Laws o/1858, ch. 338,) to vacate an assessment for paving Sixth avenue, from Forty-second street to Fifty-ninth street, in the city of New York, with Nlcolson pavement.
1Opinion of the CourtBrady, J.
I have carefully and fully considered, I think, all the objections presented by the petitioners to the validity of the assessment which they seek by this proceeding to set aside, and in disposing of them shall state briefly the reasons which control my judgment.
1st. The omission to advertise for bids or sealed pro*129posáis for cross-walks to be laid or relaid, although they were embraced in the resolution of the common council, as well as the Xicolsou pavement, was, it is true, a legal irregularity, under the act of 1858, within the decisions of this court relating thereto. ' (Laws of 1858, p.…
2Cases cited2 opinions
- In re WoodNew York Supreme Court · 1868
- Purchase v. MattisonNew York Court of Appeals · 1863