Leonhardt v. City of Yonkers
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The City of Yonkers, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Westchester on the 24th day of May, 1920, upon the decision of the court rendered after a trial at the Westchester Special Term in an equity suit to set aside and cancel as a cloud on title certain assessments upon plaintiff’s property.
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Appeal by the defendant, The City of Yonkers, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Westchester on the 24th day of May, 1920, upon the decision of the court rendered after a trial at the Westchester Special Term in an equity suit to set aside and cancel as a cloud on title certain assessments upon plaintiff’s property. These are for a sewer built a distance of about 1,626 feet in Ashburton avenue, Yonkers. Plaintiff’s premises (on the west side of the avenue) had a total assessment of $3,353.48. On the easterly side…
1Opinion of the Court
Putnam, J.:
These proceedings show defects and irregularities. The question is whether they may now be raised by this lot owner, after filing of the assessment roll, publication by the common council of notice thereof, with announcement of a meeting to consider objections presented, followed by plaintiff’s omission to object to the assessment,"or to avail himself of the prescribed method of judicial review under the statute. (Second Class Cities Law, §§ 164,165.) Did such defects and omissions amount to a “ total want of jurisdiction to levy and assess ” within section 164, or were they errors…
2Cases cited8 opinions
- Spencer v. . MerchantNew York Court of Appeals · 1885
- Farncomb v. City and County of DenverSupreme Court of the United States · 1920
- Conde v. . City of SchenectadyNew York Court of Appeals · 1900
- In Re Common Council of the City of AmsterdamNew York Court of Appeals · 1891
- Oakland Cemetery v. City of YonkersAppellate Division of the Supreme Court of the State of New York · 1901
3 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- N.Y.C. H.R.R.R. Co. v. . City of YonkersNew York Court of Appeals · 1924
- Swayne v. City of HattiesburgMississippi Supreme Court · 1927
- New York Central & Hudson River Railroad v. City of YonkersNew York Court of Appeals · 1924
- Pflueger v. KinseySupreme Court of Missouri · 1928
- People ex rel. Schick v. MarvinAppellate Division of the Supreme Court of the State of New York · 1935
1 more not listed; retrieve them via the Exa API.