Legal Opinion

Astoria Heights Land Co. v. City of New York

Appellate Division of the Supreme Court of the State of New York

Decided December 15, 1903Published

Appeal by the plaintiff, The Astoria Heights Land Company, in behalf of itself and such other persons and corporations similarly situated, etc., from a judgment of the Supreme Court in favor of the defendant, entered in the office of the cleric of the county of Queens on the 18th day of October, 1902, upon the report of a referee dismissing the complaint upon the merits. Judgment affirmed, with costs, upon the opinion of Hamilton^ Odell, Esq., referee.

Read the full summary

Appeal by the plaintiff, The Astoria Heights Land Company, in behalf of itself and such other persons and corporations similarly situated, etc., from a judgment of the Supreme Court in favor of the defendant, entered in the office of the cleric of the county of Queens on the 18th day of October, 1902, upon the report of a referee dismissing the complaint upon the merits. Judgment affirmed, with costs, upon the opinion of Hamilton^ Odell, Esq., referee. Goodrich, P. J., Bartlett, Hirschberg, Jenks and Hooker, JJ., concurred.

1Opinion of the Court

The following is the opinion of Hamilton- Odell, Esq., referee :

Hamilton Odell, Referee:

The relief demanded in this action is that certain assessments laid upon plaintiffs’ property in Long Island City in 1892 be declared illegal and void, and that the defendant be enjoined from collecting the same and from imposing any penalty for the non-payment thereof, and from laying any assessment upon the plaintiffs’ property for the improvement of Grand avenue in (former) Long Island City. The action is a novel one, and arises out of facts narrated below.

Chapter 514 of the Laws of 1890 is entitled “…

2Cases cited3 opinions

  1. Conrad v. . the Trustees of the Village of IthacaNew York Court of Appeals · 1857
  2. Beard v. City of BrooklynNew York Supreme Court · 1859
  3. Koelesch v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1898

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API