Trimmer v. . City of Rochester
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made March 25, 1890, which affirmed a judgment in favor of defendant, entered upon a decision of the court on trial at Circuit without a jury. This action was brought to set aside an assessment for a local improvement.
1Opinion of the CourtLandon, J.
This case was argued with Trimmer v. City of Rochester (130 N. Y. 401), and affirmed upon the opinion in that case. Reargmnent was granted because.the plaintiff’s assignor was in fact a party to the Hassen actions referred to in our former opinion. In the reported case, the plaintiff’s assignor was not a party to those actions, and the judgments in them did not set aside the assessment as to him, and we assumed that this case was like it in that respect.
Our opinion in 130 N. Y. 401, requires a reversal of the judgment, unless the Statute of Limitations defeats the plain tiffs recovery. We…
2Cases cited3 opinions
- Strusburgh v. . Mayor, Etc., City of New YorkNew York Court of Appeals · 1882
- Diefenthaler v. Mayor of New YorkNew York Court of Appeals · 1888
- Trimmer v. . City of RochesterNew York Court of Appeals · 1892
3Cited by4 opinions
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- Matteawan On Main, Inc. v. City of BeaconAppellate Division of the Supreme Court of the State of New York · 2013
- Low v. StateNew York Court of Claims · 1952
- Matteawan On Main, Inc. v. City of BeaconAppellate Division of the Supreme Court of the State of New York · 2013