Matter of Walter
New York Court of Appeals
Appeal from an order of the General Term of the Supreme Court, affirming order of Special Term which denied an application on the part of petitioner to vacate two assessments upon certain lots in the city of New York, the ono “ for regulating and grading, setting curb and gutter stones and flagging Manhattan street from St. Nicholas avenue to Twelfth avenue.” The other for ‘‘ paving Manhattan street from avenue St. Nicholas to One Hundred and Twenty-fifth street.”
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Appeal from an order of the General Term of the Supreme Court, affirming order of Special Term which denied an application on the part of petitioner to vacate two assessments upon certain lots in the city of New York, the ono “ for regulating and grading, setting curb and gutter stones and flagging Manhattan street from St. Nicholas avenue to Twelfth avenue.” The other for ‘‘ paving Manhattan street from avenue St. Nicholas to One Hundred and Twenty-fifth street.” The aggregate amount of the two assessments upon-each of the lots exceeded half the value of the lot as valued by the ward…
1Opinion of the CourtFolger, J.
By the act of 1858, (Laws of 1858, chap. 338, p. 574) the party aggrieved, in the proceedings relative to any assessment for local improvement in the city of New York, may apply to vacate the same.
The first question arising in the case in hand, is whether ' the petitioner falls within the meaning of the phrase, “the party aggrieved.” A person aggrieved, by an act .or an omission, is one injured thereby. Doubtless the injury sustained must not be a remote and consequential result, but a direct one. The owner of the land affected by the assessment is directly injured thereby, for his property…
2Cases cited1 opinion
- Matter of BurkeNew York Court of Appeals · 1875
3Cited by13 opinions
- Waldbaum, Inc. v. Finance AdministratorNew York Court of Appeals · 1989
- State ex rel. Burger v. District Court of Ramsey CountySupreme Court of Minnesota · 1885
- People ex rel. Jacob Ruppert Realty Corp. v. CantorNew York Supreme Court · 1921
- Miller v. City of SheldonSupreme Court of Iowa · 1924
- Allen v. KrenningMissouri Court of Appeals · 1886
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