In re Opening Lexington Avenue

New York Supreme Court

In re Opening Lexington Avenue

50 How. Pr. 114

DecidedJune 15, 1874

StatusPublished

This text of 50 How. Pr. 114 (In re Opening Lexington Avenue) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re Opening Lexington Avenue, 50 How. Pr. 114 (N.Y. Super. Ct. 1874).

Pincite

Opinion

Davis, P. J.

In my opinion, the application comes too late. The moving party should not have permitted the pro[115]*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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Davis, P. J.

In my opinion, the application comes too late. The moving party should not have permitted the pro[115]*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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Bluebook (online)

50 How. Pr. 114, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-opening-lexington-avenue-nysupct-1874.