In the Matter of Weil
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the first judicial department, made May 14, 1880, affirming an order of Special Term, denying an application to vacate an assessment upon certain lots of the petitioner for regulating and grading Ninth avenue in the city of New York, from Eighty-second to Ninety-third street. The facts appear sufficiently in the opinion.
Read the full summary
Appeal from order of the General Term of the Supreme Court, in the first judicial department, made May 14, 1880, affirming an order of Special Term, denying an application to vacate an assessment upon certain lots of the petitioner for regulating and grading Ninth avenue in the city of New York, from Eighty-second to Ninety-third street. The facts appear sufficiently in the opinion. The common council could not delegate to the commissioner of public works the discretion with which they were invested of determining in what manner the work should be done; (In the Matter of the Emigrant…
1Opinion of the CourtFinch, J.
The petitioner in this case seeks to set aside an assessment upon certain lots in the city of New York owned by him, which was imposed for regulating Ninth avenue from Eighty-third to Ninety-second street. The ground of substantial error alleged is, that no contract for doing the work, or any part thereof, for the expense of which the assessment was laid, was made in conformity with the provisions of article 16 of chapter 335 of the Laws of 1873, upon advertisement, or founded on sealed bids or proposals, nor were any bids made for doing said work, or any part thereof, or any competition had…
2Cases cited2 opinions
- In Re the Emigrant Industrial Savings BankNew York Court of Appeals · 1878
- In the Matter of the Petition of RobbinsNew York Court of Appeals · 1880
3Cited by4 opinions
- In re the Probate of the Will of OliverNew York Surrogate's Court · 1895
- In the Matter of the Petition of BlodgettNew York Court of Appeals · 1883
- In re Female Academy of Sacred HeartNew York Supreme Court · 1886
- Smith v. Mayor of City of New YorkNew York Supreme Court · 1894