Legal Opinion

Matter of Anderson

New York Court of Appeals

Decided June 5, 1888PublishedCited by 15 opinions

Appeal from order of the General Term of the Supreme Court in the first judicial department, made January 22,1888, which affirmed an order of Special Term reducing an assessment upon the lots of petitioner for regulating and grading Fourth avenue in the city of Hew York. (Reported below, 47 Hun, 203.) The material facts are stated in the opinion. The city officials complied with the law in letting the contract for the improvement in question.

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Appeal from order of the General Term of the Supreme Court in the first judicial department, made January 22,1888, which affirmed an order of Special Term reducing an assessment upon the lots of petitioner for regulating and grading Fourth avenue in the city of Hew York. (Reported below, 47 Hun, 203.) The material facts are stated in the opinion. The city officials complied with the law in letting the contract for the improvement in question. (Laws of 1873, chap. 335, § 9 ; Rev. Ord., 1880, 117; id. 1866, 189, § 17 ; In re Merriam, 84 N. Y. 596; In re Mahan, 20 Hun, 301; In re Met. G. L. Co.,…

1Opinion of the CourtEarl, J.

TMs proceeding was instituted for the purpose of reducing an assessment for the expense of regulating and grading a portion of Fourth avenue, in the city of New York. The petitioner bases his right to relief under section 12, chapter 550, Laws of 1880, on the ground of fraud or substantial error in the proceedings which resulted in the assessment.

Under the Laws of 1873, chapter 335, section 91, all contracts for work to be done in the city of New York, which involved an expenditure of more than $1,000, were to be let to the lowest bidder, under such regulations as should be established by…

2Cases cited3 opinions

  1. Brady v. . the Mayor, C., of the City of New YorkNew York Court of Appeals · 1859
  2. Lake v. Trustees of the Village of WilliamsburghNew York Supreme Court · 1847
  3. In Re the New York Protestant Episcopal Public SchoolNew York Court of Appeals · 1878

3Cited by15 opinions

  1. Ashton v. . City of RochesterNew York Court of Appeals · 1892
  2. Pearlman v. PittsburghSupreme Court of Pennsylvania · 1931
  3. Matter of McNutt Co. v. EckertNew York Court of Appeals · 1931
  4. Nelson v. . Mayor, Etc., of New YorkNew York Court of Appeals · 1892
  5. Armaniaco v. CresskillNew Jersey Superior Court Appellate Division · 1960

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