In the Matter of the Petition of Cruger
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the first judicial department,-made February 7,1879, affirming an order of Special Term, which denied a motion to vacate an assessment upon certain lots of the petitioner, for regulating, etc., Eighth avenue, in the city of Hew York.
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Appeal from order of the General Term of the Supreme Court, in the first judicial department,-made February 7,1879, affirming an order of Special Term, which denied a motion to vacate an assessment upon certain lots of the petitioner, for regulating, etc., Eighth avenue, in the city of Hew York. The grounds of the motion appear in the opinion. . The omission to award damages .for injuries sustained by reason of the change of grade was a substantial error for which the assessment should be vacated. (Laws of 1852, chap. 52, § 3, p. 47 ; People v. Green, 64 N. Y. 606 ; People ex rel. Doyle v.…
1Opinion of the CourtFinch, J.
The petitioner moved at Special Term to vacate an assessment imposed upon his property for regulating, grading, etc., the Eighth avenue, in the city of Hew York, from Fifty-ninth to One Hundred and Twenty-second street. The grounds of substantial error alleged were that no award was made for the damage done to his lots by the change of grade; ' that the board of assessors wrongly apportioned the assessment for benefit since they made no difference between lots where the grade was raised eighteen feet or more and those where it was raised but a few inches; and that the area of benefit…
2Cases cited2 opinions
- Matter of the Petitions of Laura E. EagerNew York Court of Appeals · 1871
- In re the Extension of Church StreetNew York Supreme Court · 1867
3Cited by38 opinions
- Chicago, Burlington & Quincy Railway Co. v. BabcockSupreme Court of the United States · 1907
- Kaskel v. ImpellitteriNew York Court of Appeals · 1953
- O'Reilley v. . City of KingstonNew York Court of Appeals · 1889
- Hennessy v. Douglas CountyWisconsin Supreme Court · 1898
- In Re Assessment of Kansas City Southern Ry. Co.Supreme Court of Oklahoma · 1934
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