Matter of Rosenbaum
New York Court of Appeals
Appeal from order of General Term of the Supreme Court in the first judicial department, made July 9,1889, which reversed an order of Special Term denying a motion to vacate an assessment on the property of the petitioner for paving Fifty-eighth street in the city of New York, and which reduced the assessment. The facts so far as material are stated in the opinion.
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Appeal from order of General Term of the Supreme Court in the first judicial department, made July 9,1889, which reversed an order of Special Term denying a motion to vacate an assessment on the property of the petitioner for paving Fifty-eighth street in the city of New York, and which reduced the assessment. The facts so far as material are stated in the opinion. This assessment was litigated many years ago, and a decision upon the point now raised was given adverse to the petitioner’s claim upon substantially the same evidence. The principle stare decisis should be applied. (Petition of…
1Opinion of the CourtFinch, J.
The petitioner moved to vacate an assessment imposed upon his property in 1872 to defray a proportionate part of the expense of paving Fifty-eighth street, between Sixth and Hinth avenues, in the city of Hew York. The petition was filed in that year; some proof was sworn to in 1880, and the hearing was in 1888, so that the proceeding seems to have moved with due deliberation over a period of quite sixteen years. The explanation is found in an alleged variation in the opinions of this court upon the facts established.
The proof shows that while a contract was let, after advertisement and upon…
2Cases cited4 opinions
- In Re the Emigrant Industrial Savings BankNew York Court of Appeals · 1878
- In the Matter of the Petition of MerriamNew York Court of Appeals · 1881
- Matter of the Petitions of Laura E. EagerNew York Court of Appeals · 1871
- Purssell v. . Mayor, Etc., of the City of N.Y.New York Court of Appeals · 1881
3Cited by5 opinions
- Abells v. City of SyracuseAppellate Division of the Supreme Court of the State of New York · 1896
- Matter of DuffyNew York Court of Appeals · 1892
- In re HazletonNew York Supreme Court · 1890
- In re DuffyNew York Supreme Court · 1892
- Kinsella v. City of AuburnNew York Supreme Court · 1889