In re Pennie
New York Supreme Court
• Appeal from an order made at Special Term and entered in Albany county vacating an assessment made in this proceeding, instituted under section 2 of title 11. of the charter of the city of Albany (chap. 298 of 1883).
1Opinion of the Court
Learned, P. J.:
This is an appeal from an order of the Special Term vacating, as to the petitioner, an assessment for the excavating, etc., of Second avenue. This proceeding was taken by the petitioner under section 2 of title 11 of the Albany charter, chapter 29S, Laws of 1883. The alleged error for which the assessment was vacated is a failure to give the notice required by section 8, title 9, of the meeting of the board of contract and apportionment to receive bids for the work. And the first point made by the city is, that this (if an error) is not in a proceeding relative to an assessment…
2Cases cited11 opinions
- Merritt v. . Village of PortchesterNew York Court of Appeals · 1877
- In Matter of City of BuffaloNew York Court of Appeals · 1879
- Bruecher v. . Village of Port ChesterNew York Court of Appeals · 1886
- Jex v. Mayor, Aldermen & CommonaltyNew York Court of Appeals · 1886
- In Re the Emigrant Industrial Savings BankNew York Court of Appeals · 1878
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