Matter of Petition of Santiago Lima
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the first judicial department, affirming an order of Special Term denying an application on the part of petitioner to vacate an assessment upon certain premises owned hy him, for paving Stuyvesant street, in the city of New York. It appeared by the proofs that after service of the petition but before the hearing of the motion the assessment was paid.
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Appeal from order of the General Term of the Supreme Court, in the first judicial department, affirming an order of Special Term denying an application on the part of petitioner to vacate an assessment upon certain premises owned hy him, for paving Stuyvesant street, in the city of New York. It appeared by the proofs that after service of the petition but before the hearing of the motion the assessment was paid. The fact that the assessment had been paid before the making of this application was no bar to it. (Peyser v. Mayor, etc., 70 N. Y., 497.)
1Opinion of the Court
Per Ouriam.
The object of the application to vacate the assessment was to remove the lien created thereby. (Chap. 338, S. L. 1858, § 2.) The statute cited is-only applicable when the lien actually exists. As the assessment had been paid before the application and had ceased to exist, it would be inconsistent with the purpose of the act to grant the application. There was no assessment upon which the order of the court could operate and hence the applicant was not aggrieved.
The case of Peyser v. The Mayor (70 N. Y., 497), which is relied upon by the petitioner has no application. There the…
2Cases cited1 opinion
- Peyser v. Mayor of New YorkNew York Court of Appeals · 1877
3Cited by10 opinions
- Jex v. Mayor, Aldermen & CommonaltyNew York Court of Appeals · 1886
- Matter of the Petition of HughesNew York Court of Appeals · 1883
- In re HazletonNew York Supreme Court · 1890
- Brooks v. Mayor of New YorkNew York Supreme Court · 1890
- Bruecher v. Village of Port ChesterNew York Supreme Court · 1883
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