Matter of Feust
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the first judicial department, made January 10,1890, which affirmed an order of the Special Term reducing by twenty per cent an assessment on th§. petitioner’s lots for regulating, grading, etc., Morris avenue, from One Hundred and Thirty-eighth to One Hundred and Fifty-sixth streets. The material facts are stated in the opinion.
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Appeal from order of the General Term of the Supreme Court in the first judicial department, made January 10,1890, which affirmed an order of the Special Term reducing by twenty per cent an assessment on th§. petitioner’s lots for regulating, grading, etc., Morris avenue, from One Hundred and Thirty-eighth to One Hundred and Fifty-sixth streets. The material facts are stated in the opinion. The court has no jurisdiction under the terms of the Consolidation Act to vacate or reduce this assessment in the present form of procedure. (Craig v. Town of Andes, 93 N. Y. 405; Town of Solon v. W. S.…
1Opinion of the CourtAndrews, J.
There was evidence that the assessment for regulating and grading Morris avenue largely exceeded the fair value of the work performed. The case is one of a contract let without having been preceded by any but the most general estimates of quantity, and where the proposals made no distinction between rock and earth excavation, but required bids for excavation to be made without discrimination as to the character of the material to be excavated, whether rock or earth; in other words, that a single price should be named by the yard for the aggregate excavation required. The contract was let at…
2Cited by5 opinions
- Collier v. GoesslingCourt of Appeals for the Sixth Circuit · 1908
- People Ex Rel. Martin v. . MyersNew York Court of Appeals · 1892
- In re New York Central & Hudson RailroadAppellate Division of the Supreme Court of the State of New York · 1900
- Chase v. Mayor of New YorkAppellate Division of the Supreme Court of the State of New York · 1897
- Kinsella v. City of AuburnNew York Supreme Court · 1889