Hyperlawhypertext legal database In re Street Between Bayview Avenue & Eldert Avenue 106 N.Y.S. 1146

← Cases

In re Street Between Bayview Avenue & Eldert Avenue

106 N.Y.S. 1146 Court N.Y. App. Div. Decision date 1907-10-18 English

Contents

Majority

p. 1146
In re STREET BETWEEN BAYVIEW AVE. & ELDERT AVE., IN FIFTH WARD, BOROUGH OF QUEENS, IN CITY OF NEW YORK.
(Supreme Court, Appellate Division, Second Department.^
October 18, 1907.)

Headnote

In the matter of the street between Bayview avenue & Bldert avenue, iñ thé Fifth Ward, borough of Queens, in city of New York.

The order does not open a default, but in effect reviews and reverses the order confirming the report of the commissioners of estimate and assessment. Aside from the question of power, we do not think the papers presented justified the action of the court at Special Term. The order is reversed, with $10 costs and disbursements, and the motion denied, with costs.