135 N.Y.S. 253 | N.Y. App. Div. | 1912
This controversy is submitted upon an agreed statement of facts..
Prior to February 1, 1907, plaintiffs were the owners of certain lands situated in that portion of the city of New York which was formerly within the boundaries of Long Island City. Proceedings had been taken by defendant to acquire the same for public use, and on the date mentioned the report of the commissioners of appraisal was filed. This report was confirmed by the Supreme Court on November 10, 1909, and plaintiffs were awarded damages to the amount of $11,250, with interest from February 1, 1907, which was the date when title vested in the city. Payment was demanded, but was refused unless plaintiffs should suffer to be deducted from said award the amount of a claim made by the city arising out of a public improvement previously made, and affecting the land in
The public improvement out of which defendant’s claim arises was made under and in accordance with the provisions of an act, entitled “An act to create a general improvement commission and provide for certain improvements in the highways, streets, avenues, boulevards and public places in Long Island City ” (Laws of 1893, chap. 644). By that act a commission was appointed, which commission, or a majority of the members thereof, had power upon the conditions therein prescribed to institute proceedings for certain specified improvements, and to advertise for proposals and make contracts for any part of the work under their charge. For the purpose of paying the expenses thus incurred, the mayor and common council of Long Island City were authorized to issue, upon the requisition of the commission, bonds to be known as “general improvement bonds.” The act further provided that the expense of any improvement made thereunder should be assessed upon the land benefited thereby, and it contained this further provision: “When each of said improvements shall have been completed, and as each one thereof is completed, the said general improvement commission shall deliver to the board of assessors of said city and the city treasurer and receiver, each of which shall be public records and at all times open to inspection, duplicate certificates wherein it shall be set forth, as nearly as can be stated, the amount of the entire cost of each improvement, together with duplicate maps and statements showing the location and general character of the improvements made, and the said board of assessors shall thereupon give public notice in the official papers, notifying all persons affected that the said assessment certificate and maps are completed arid on file and that a hearing will be given to all persons feeling themselves aggrieved, said hearings of which there shall be not less than four, shall take place after said notice shall have been published for three weeks. If it shall be made to appear to said assessors that any injustice has been in the assessment made upon any parcel or parcels of land
There should be judgment for the plaintiffs for the return of the certified check deposited by them, or, in default thereof,
Jenks, P. J., Hirschberg, Carr and Woodward, JJ., concurred.
Judgment for plaintiffs, for the return of the certified check deposited by them, or, in default thereof, for a sum of money equal thereto, without costs.