Hyperlawhypertext legal database In re the Opening of Lexington Avenue 10 N.Y. Sup. Ct. 221

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In re the Opening of Lexington Avenue

10 N.Y. Sup. Ct. 221 Court N.Y. Sup. Ct. English

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p. 221
In the Matter of the Opening of LEXINGTON AVENUE.

Headnote

Appeal from an order made at the Special Term, denying a motion to set aside an order confirming the report of the commissioners for opening Lexington avenue from Sixty-first street to the Harlem river.
The General Term held that the order could only be set aside on the ground of fraud,[1] and that as no fraud was proved in the case, the order should be affirmed.
p. 222
Ira D. Warren, for the appellant.
E. Delafield Smith, for the respondent.

Opinion by Donohue, J.

Lawrence and Daniels, JJ., concurred.

Order affirmed.