In Matter of Petition of Burmeister
New York Court of Appeals
Appeal from order of tho General Term of the Supreme Court, in the first judicial department, reversing an order of Special Term, which vacated an assessment upon two lots of the petitioner’s for curbing, guttering and. flagging Forty-sixth street-, in tho city of New York. (Reported below, 9 Hun, 613.) The facts appear sufficiently in the opinion.
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Appeal from order of tho General Term of the Supreme Court, in the first judicial department, reversing an order of Special Term, which vacated an assessment upon two lots of the petitioner’s for curbing, guttering and. flagging Forty-sixth street-, in tho city of New York. (Reported below, 9 Hun, 613.) The facts appear sufficiently in the opinion. The assessment was for a repavement, and is within the exception of section 7 of chapter 586, Laws of 1872, and chapter 313, Laws 1874. (In re Phillips, 60 N. Y., 16; In re Burke, 62 id., 224; In re Keteltas, id., 624; In re Astor, 53 id., 617.)…
1Opinion of the Court
Church, Ch. J.
The ordinance authorizing the work Avas adopted by the board of aldermen, October seventeenth, and by the board of assistant aldermen, November tenth, and approved by the mayor November 15, 1870. •
The petitioner claims the benefit of the exception contained in the seventh section of chapter 580, of the Laws of 1872, upon the ground that the work was a repavement of the street which had once been done and paid for, and rests the motion to vacate principally upon the ground of a failure to publish the ordinances as required by law.
The right of the petitioner to the benefit of the…
2Cases cited7 opinions
- In the Matter of PhillipsNew York Court of Appeals · 1875
- Matter of BurkeNew York Court of Appeals · 1875
- In the Matter of SmithNew York Court of Appeals · 1873
- In the Matter of FolsomNew York Court of Appeals · 1874
- In the Matter of AndersonNew York Court of Appeals · 1875
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3Cited by25 opinions
- Pomfrey v. . Village of Saratoga SpringsNew York Court of Appeals · 1887
- City of New Rochelle v. Echo Bay Waterfront Corp.Appellate Division of the Supreme Court of the State of New York · 1944
- City of Excelsior Springs v. EttensonMissouri Court of Appeals · 1906
- In the Matter of the Petition of KendallNew York Court of Appeals · 1881
- Seafire Inc. v. AckersonNew York Supreme Court · 1947
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