City of Schenectady v. Trustees of Union College
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order made November 22,1892, which affirmed a judgment in favor of plaintiff entered upon a report of a referee. The nature of the action and the facts, so far as material, are stated in the opinion. The admission of proof of defendant’s ownership of the corner lots was a fatal error.
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Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order made November 22,1892, which affirmed a judgment in favor of plaintiff entered upon a report of a referee. The nature of the action and the facts, so far as material, are stated in the opinion. The admission of proof of defendant’s ownership of the corner lots was a fatal error. (Clark v. Dillon, 97 N. Y. 370; Romeyn v. Sickels, 108 id. 650.) No opportunity is afforded the defendant by the statute to be heard on the amount it shall pay; the assessment is, therefore, invalid.…
1Opinion of the CourtEarl, J.
This action was brought under the charter of the city of Schenectady, chapter 385 of the Laws of 1862, as subsequently amended, to recover the expense of paving Union street in front of two lots alleged to have been owned by Union College. The plaintiff recovered and this appeal brings that recovery under review.. The paving was in Union street in front of two streets which ran into it and in which streets Union College owned the fee of the land subject to all street servitudes. The claim of the defendant is that under the city charter, the ordinance and proceedings for paving the street, and…
2Cited by12 opinions
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- Smith v. . City of BuffaloNew York Court of Appeals · 1899
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