New York Supreme Court, 1874

In re Opening Lexington Avenue

In re Opening Lexington Avenue
New York Supreme Court · Decided June 15, 1874 · Davis
50 How. Pr. 114

Counsel

Ira D. Warren & W. B. Larned, for motion., James A. Deering, Wheeler H. Peckham & E. Delafield Smith, counsel to the corporation, opposed.

In re Opening Lexington Avenue

Opinion of the Court

Davis, P. J.

In my opinion, the application comes too late. The moving party should not have permitted the pro*115ceedings to have gone on to their present state before taking steps to correct the alleged error. Public policy requires that the confirmation should not be disturbed when assessments have been collected, and both the city and citizens put in relations where their rights must be seriously affected and prejudiced by disturbing the confirmation.

Motion denied.

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