Matter of Petition of Smith
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the first judicial department, made October 31, 1884, which affirmed an order of Special Term denying a motion to vacate an assessment upon premises of the petitioner in the city of New Tork for laying an additional course of flagging upon the sidewalk in Eightieth street.
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Appeal from order of the General Term of the Supreme Court, in the first judicial department, made October 31, 1884, which affirmed an order of Special Term denying a motion to vacate an assessment upon premises of the petitioner in the city of New Tork for laying an additional course of flagging upon the sidewalk in Eightieth street. The motion was made under the act chapter 338, Laws of 1858. The objection to the assessment was that the work was a repavement and so required as a condition precedent a petitian of a majority of the property holders along the line of the improvement and that…
1Opinion of the CourtFinch, J.
The additional width of sidewalk for which the assessment was laid was a re-pavement within the construction heretofore adopted. (In re Garvey, 77 N. Y. 523.) That the existing width was left undisturbed, and a new strip added, making the flagging eight feet wide instead of four, as originally laid, does not alter the result. . The sidewalk had been once paved upon a plan and of a width at the time deemed suitable, and that act exhausted the authority given, and left any new paving of the same walk to be governed by the statute which required as a condition precedent a petition of a majority…
2Cases cited2 opinions
- Matter of GarveyNew York Court of Appeals · 1879
- In the Matter of Catharine A. GrubeNew York Court of Appeals · 1880
3Cited by15 opinions
- Poth v. Mayor, Aldermen & Commonalty of New YorkNew York Court of Appeals · 1896
- In re ShafferAppellate Division of the Supreme Court of the State of New York · 1910
- In re New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1900
- In re BrainerdNew York Supreme Court · 1889
- Sixth-Avenue Railroad v. MayorNew York Supreme Court · 1892
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