Legal Opinion

New v. Village of New Rochelle

New York Supreme Court

Decided December 2, 1895PublishedCited by 5 opinions

Appeal from Westchester county court. Action by John New against the Village of New Rochelle to recover the amount of assessments levied on plaintiff’s property. From a judgment in favor of plaintiff, entered on the decision of the county judge on a trial without a jury, defendant appeals.

1Opinion of the CourtBrown, P. J.

This action was brought to recover the amount of an assessment levied upon the plaintiff’s property by the defendant for resetting curbs on the streets in front of said property, and which was paid by the plaintiff to the collector of the village. An assessment for similar work was declared void by this court in the case of People ex rel. Spencer v. Village of New Rochelle, 83 Hun, 185, 31 N. Y. Supp. 592. The assessment reviewed in that case depended upon the same provision of the village charter as that levied against the plaintiff, but the effect of the decision of the court in Spencer’s…

2Cases cited9 opinions

  1. Peyser v. Mayor of New YorkNew York Court of Appeals · 1877
  2. Tripler v. Mayor, Aldermen & CommonaltyNew York Court of Appeals · 1891
  3. Bruecher v. . Village of Port ChesterNew York Court of Appeals · 1886
  4. Phelps v. . Mayor, Etc., of New YorkNew York Court of Appeals · 1889
  5. Fleetwood v. City of New YorkThe Superior Court of New York City · 1849

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

3Cited by5 opinions

  1. State ex rel. Bujac v. District Court of Second Judicial District for Bernalillo CountyNew Mexico Supreme Court · 1922
  2. Boston Manufacturer's Mutual Fire Insurance v. HendricksNew York Supreme Court · 1903
  3. Richter v. Mayor of New YorkNew York Supreme Court · 1898
  4. Baker v. BucklinAppellate Division of the Supreme Court of the State of New York · 1899
  5. Baker v. BucklinAppellate Division of the Supreme Court of the State of New York · 1899

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