Legal Opinion

People ex rel. New York, Westchester & Boston Railway Co. v. Waldorf

Appellate Division of the Supreme Court of the State of New York

Decided June 11, 1915PublishedCited by 13 opinions

Certiorari issued out of the Supreme Court and attested on the 10th day of October, 1912, directed to Frederick H. Waldorf, mayor of the city of New Bochelle, and others, commanding them to certify and return to the office of the clerk of the county of Westchester all and singular their proceedings had in confirming the report of assessors appointed to apportion the expense of the improvement of certain streets in the city of New Bochelle.

1Opinion of the Court

Jenks, P. J.:

On September 27,1910, the common council of New Bochelle, pursuant to article 30 of the charter (Laws of 1910, chap. 559), resolved that the cost of widening North avenue be defrayed by an assessment laid upon the entire city as the area of assessment. On March 28, 1911, the common council amended its resolution by charging one-third of the cost upon an area of assessment constituted by properties fronting or abutting on the said avenue and charged the other two-thirds upon the city at large.

It is contended that in the absence of specific statutory authority the second resolution…

2Cases cited15 opinions

  1. Spencer v. MerchantSupreme Court of the United States · 1888
  2. People Ex Rel. Griffin v. Mayor of BrooklynNew York Court of Appeals · 1851
  3. O'Reilley v. . City of KingstonNew York Court of Appeals · 1889
  4. People v. StockingNew York Supreme Court · 1866
  5. People ex rel. Thomson v. Board of SupervisorsNew York Supreme Court · 1861

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3Cited by13 opinions

  1. Eiss v. SummersAppellate Division of the Supreme Court of the State of New York · 1923
  2. Jakobson v. Chestnut Hill Properties, Inc.New York Supreme Court · 1981
  3. In re Syracuse, Binghamton & New York RailroadAppellate Division of the Supreme Court of the State of New York · 1928
  4. Rabasco v. Town of GreenburghAppellate Division of the Supreme Court of the State of New York · 1955
  5. In re the City of New YorkAppellate Division of the Supreme Court of the State of New York · 1917

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