Majority
p. 753In the Matter of the Petition of Max Weil to Vacate an Assessment for Seventy fourth and Seventy-fifth Street Sewer.
Headnote
Appeal by the executors of the above-named petitioner from a special term order denying a motion to revive the proceeding.Charles E. Miller, for app’lts; George L. Sterling, for the mayor, etc., of Xew York, resp’ts.
This case differs from the Matter of Barney (ante, p. 752), heard at the present term, chiefly in the fact that no testimony has ever been taken in the proceedings, and that no order has ever been made purporting to vacate the assessment. The conclusions reached in that matter, however, apply equally to this, and require an affirmance of the order appealed from.
Van Brunt, Oh., j., and Macomber, J., concur.