Legal Opinion

In re of the Application of The Mayor, Aldermen & Commonalty

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1899PublishedCited by 10 opinions

Appeal by The City of New York from so much of an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 25th day of February, 1898, as denies its motion to confirm the report of the commissioners of estimate and assessment of the city of New York and sending the report back to the said commissioners with a direction to limit the assessments for benefit to one-half of the value of ■ the property…

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Appeal by The City of New York from so much of an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 25th day of February, 1898, as denies its motion to confirm the report of the commissioners of estimate and assessment of the city of New York and sending the report back to the said commissioners with a direction to limit the assessments for benefit to one-half of the value of ■ the property assessed as valued by the tax commissioners for the purpose of taxation for the year 1896.

1Opinion of the Court

Ingraham, J.:

This proceeding was commenced on August 3,1895. The commissioners of estimate and assessment were appointed by an order of the Supreme Court, entered on October 11, 1895. A preliminary report was filed November 20, 1897. By this report the commissioners -limited the assessment to one-lialf of the value of the property as valued by the tax commissioners for the year 1897. The respondents upon this appeal, however, appeared before the commissioners and objected to that assessment upon the ground .that it exceeded one-half of the value of the property as assessed for the year 1896…

2Cases cited2 opinions

  1. In re Mayor of New YorkAppellate Division of the Supreme Court of the State of New York · 1899
  2. Matter of SchellNew York Court of Appeals · 1879

3Cited by10 opinions

  1. In re Mayor of New YorkAppellate Division of the Supreme Court of the State of New York · 1900
  2. In re Mayor of New YorkAppellate Division of the Supreme Court of the State of New York · 1903
  3. In re City of New YorkAppellate Division of the Supreme Court of the State of New York · 1911
  4. In re MayorAppellate Division of the Supreme Court of the State of New York · 1900
  5. In re HollisterAppellate Division of the Supreme Court of the State of New York · 1904

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