In the Matter of the Petition of Blodgett
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the first judicial department, made at the October term, 1882, reversing an order of Special Term vacating an assessment. The nature of the assessment and the material facts are stated in the opinion.
1Opinion of the CourtFinch, J.
This assessment was levied to pay the expense of sewerage upon the Boulevard between Seventy-seventh and Ninety-second streets, and is sought to be vacated upon the ground that the work was not done by contract as required by the charter of 1873. (Laws of 1873, chap. 335, § 91.) The application is resisted by the city upon two grounds; first, that the sewerage was a “work in progress.” at the adoption of the charter, and so excepted from the contract system by the terms of that enactment; and, second, that the transfer by section 73 to the newly-constituted department of public works of “ all…
2Cases cited3 opinions
- Greene v. . Mayor, Etc., of N.Y. CityNew York Court of Appeals · 1875
- In the Matter of the Petition of RobbinsNew York Court of Appeals · 1880
- In the Matter of WeilNew York Court of Appeals · 1881
3Cited by4 opinions
- Tripler v. Mayor, Aldermen & CommonaltyNew York Court of Appeals · 1891
- Theobold v. Louisville, New Orleans & Texas Railway Co.Mississippi Supreme Court · 1889
- Boas v. MayorNew York Supreme Court · 1895
- Smith v. Mayor of City of New YorkNew York Supreme Court · 1894