Stevenson v. Mayor of New York
New York Supreme Court
Appeal from an order of the special term sustaining a demurrer to the complaint. The plaintiff, Vernon K. Stevenson, was the owner of certain lots fronting on Madison avenue, between Fifty-eighth and Fiffcyminth streets, in the city of New York, which were assessed for the opening of Madison avenue, from Eighty-sixth to One Hundred and Twentieth streets.
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Appeal from an order of the special term sustaining a demurrer to the complaint. The plaintiff, Vernon K. Stevenson, was the owner of certain lots fronting on Madison avenue, between Fifty-eighth and Fiffcyminth streets, in the city of New York, which were assessed for the opening of Madison avenue, from Eighty-sixth to One Hundred and Twentieth streets. The opening was done according to chapter 403, Laws of 1867, entitled “An act to alter the map or plan of the city of New York, by extending Madison avenue.” The material features of the statute are presented in the opinion. Plaintiff claimed…
1Opinion of the CourtDaniels, J.
By chapter 403 of the Laws of 1867, Madison avenue was laid out and extended from Eighty-sixth street to One Hundred and Twentieth street. The first section of the act defined its precise location, width and extent, consequently nothing was further left to be done but to open and improve it within such bounds, in order to render it serviceable to the public, and to attain that end the counsel to the corporation was required, within three months from the passage of the act, to take the necessary legal means to open the extension as a street (§2). Ho further or other proceedings whatsoever were…
2Cases cited7 opinions
- People v. AllenNew York Supreme Court · 1831
- Pond v. NegusMassachusetts Supreme Judicial Court · 1807
- People v. SchermerhornNew York Supreme Court · 1855
- People ex rel. Westcott v. HolleyNew York Supreme Court · 1834
- Jackson ex dem. Hooker v. YoungNew York Supreme Court · 1826
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3Cited by1 opinion
- City of Kingston v. TerryNew York Supreme Court · 1898