85 N.Y. 526 | NY | 1881
To sustain the order, respondent relies upon the conceded fact that the prices for "rock excavation and foundation planks" were fixed by the commissioner of public works, and so withdrawn from competition. This was a clear violation of the law under which he assumed to act, and if we looked no further would prevent relief on this appeal. (In re Mahan,
It follows that the order appealed from should be modified, and the case sent back to the Special Term, that the proper reduction may be made in the assessment in the particulars mentioned, costs to abide event.
All concur.
Ordered accordingly.