In re Alexander — 20 N.Y.S. 285

Majority

p. 285

In re Alexander et al. In re Myrtle Ave.

(Supreme Court, General Term, Third Department.

September 14, 1892.)

Headnote

Appeal from special term, Albany county.

Petitions of William Alexander, Edward J. Duggan, and others to vacate assessments for the opening, etc., of Myrtle avenue and other streets in the city of Albany. Prom an order granting an injunction pendente lite the city and the contractor appeal. Reversed.

Argued before Mayham, P. J., and Putnam, J.

John A. Delehanty, Corp. Counsel, for the city, appellant. Rosendale & Hessberg, (Albert Hessberg, of counsel,) for the contractor, appellant. John T. McDonough, (Henry B. Stern and Alden Chester, of counsel,) for petitioners, respondents.

This is an appeal from an order restraining and enjoining the chamberlain of the city of Albany from selling the lands of the petitioners for the purpose of collecting an assessment for alleged street improvements in said city. The proceedings are in all essential particulars like the proceedings in the matter of the Petition of Bridgford, 30 N. Y. Supp. 381 , (decided at this term,) and we see no reason for an extended discussion of the same, but think it must be disposed of upon the opinion written in that case.

Order reversed, with costs to the defendant.