Matter of City of New York
New York Court of Appeals
Matter of City of New York, 84 N.E. 956 (N.Y. 1908)
192 N.Y. 575; 1908 N.Y. LEXIS 992
<italic>Per Curiam</italic>.
Matter of City of New York
Opinion of the Court
The order appealed from is affirmed, with
costs. The question whether the commissioners exceeded the limitation prescribed by section 980 of the charter by assessing the property benefited at more than one-half its value, is not passed upon because not presented by the record. The appellant should have moved to send the report back to the commissioners with instructions that they specify whether their valuation was made as of the date when title vested or as of the date of their report.
Cullen, Ch. J., Gray, Vann, Werner, Willard Bartlett, Hiscock and Chase, JJ., concur.
Order affirmed.
Reference
- Full Case Name
- In the Matter of the Application of the City of New York, Respondent, to Open Avenue D in the Borough of Brooklyn. George Fulling, Appellant
- Cited By
- 4 cases
- Status
- Published