In re Mayor of New York
Appellate Division of the Supreme Court of the State of New York
Appeal by The City of New York from so much of an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 19th day of July, 1901, as amended by two orders entered respectively in said clerk’s office on the 28th day of June, 1901, and on the 12th day of August, 1901, as refuses to confirm the report of commissioners of estimate and assessment theretofore appointed in the proceeding as to certain…
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Appeal by The City of New York from so much of an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 19th day of July, 1901, as amended by two orders entered respectively in said clerk’s office on the 28th day of June, 1901, and on the 12th day of August, 1901, as refuses to confirm the report of commissioners of estimate and assessment theretofore appointed in the proceeding as to certain assessments for benefits.
1Opinion of the Court
Laughlin, J.:
The special act (Laws of 1896, chap. 727), under which this proceeding was instituted, it is true, contains no express provision pre*554scribing that notice shall be given to the owners of lands to be assessed for benefits; but it refers to the general provisions of law relating to proceedings for opening streets in the city of New York, which provide for notice in such cases (see Consol. Act [Laws of 1882, chap. 410], §§ 958-1005, as amd.) and makes them applicable ; and that is sufficient. (Choate v. City of Buffalo, 39 App. Div. 379; affd., 167 N. Y. 597.) The sufficiency of the…
2Cases cited3 opinions
- Stuart v. . PalmerNew York Court of Appeals · 1878
- Choate v. City of BuffaloAppellate Division of the Supreme Court of the State of New York · 1899
- Choate v. . City of BuffaloNew York Court of Appeals · 1901
3Cited by2 opinions
- Matter of City of SyracuseNew York Court of Appeals · 1918
- Murphy v. Metropolitan Utilities DistrictNebraska Supreme Court · 1934