Matter of City of New York v. Sloat

Full title: In the Matter of the Application of THE CITY OF NEW YORK, Appellant, for a…

Court: Appellate Division of the Supreme Court of New York, Second Department

Date published: Jan 18, 1907

116 App. Div. 815 (N.Y. App. Div. 1907)

102 N.Y.S. 1

Opinion

January 18, 1907.

I.J. Beaudrias [ William B. Ellison with him on the brief] for the appellant.

George E. Anderson [ Clayton Ryder with him on the brief] for the respondents.

GAYNOR, J.:

The court quashed the writ on the ground that the petition did not specify each parcel of the petitioner's land separately and claim that it was overvalued, but grouped them and alleged that the petitioner's land was overvalued.

The petition is only to get the writ, and if it be insufficient to authorize the writ to be granted a motion should be made to dismiss it and quash the writ before making return. If instead the assessors join issue on the writ by making return to it they waive the insufficiency of the petition. Such is the present case.

The order should be reversed.

WOODWARD, JENKS, HOOKER and RICH, JJ., concurred.

Order reversed, with ten dollars costs and disbursements.