Farley v. City of Amsterdam — 53 N.Y. St. Rep. 936

Majority

p. 936

John Farley and Emma Farley, Resp’ts, v. The City of Amsterdam, App’lt.

Headnote

Appeal from judgment in favor of plaintiffs for damages by reason of change of grade of street, and vacating a special assessment for part of the expenses of regrading the street.

Edward J. Maxwell, for app’lt; Westbrook & Borst (Z. S. Westbrook, of counsel), for resp’ts.

The case of Folmsbee v. The City of Amsterdam, 66 Hun, 214 ; 49 St. Rep., 51 , it seems to me is decisive of this, and that there is no occasion for an opinion.

The judgment should be affirmed, with costs.

Mayham, P. J., and Putnam, J., concur.