In the Matter of the Petition of Upson
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the first judicial department, made April 28, 1881, which affirmed an order of Special Term denying an application to vacate an assessment on certain lots in the city of New York, owned by the petitioner, for regulating, grading, etc., Fifth avenue, from Ninetieth to One Hundred and Twentieth streets. (Mem. of decision below, 24 Hun, 650.) The facts are sufficiently stated in the opinion.
1Opinion of the CourtMiller, J.
The petitioner seeks to avoid the assessment which is the subject of consideration upon two grounds :
First. That the work was illegally done, the avenue having been previously regulated and graded to the grade established in 1853, and such grade never having been legally changed.
Second. That when the contract for this work was entered into there was an outstanding contract, by the terms of which the contractor was bound to do his work at much less price than those actually paid, making a difference in cost of over $48,000.
The expenses for which the assessment was made were for changing the…
2Cases cited2 opinions
- Matter of Application of Dep't Public ParksNew York Court of Appeals · 1881
- In the Matter of WalterNew York Court of Appeals · 1881
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