Bridgeman v. City of New York

Full title: Alfred Bridgeman, in Behalf of Himself and Others, v. The City of New York

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

Date published: Dec 1, 1903

89 App. Div. 627 (N.Y. App. Div. 1903)

Opinion

December, 1903.

Judgment affirmed, with costs, upon the opinion of Hamilton Odell, Esq., referee. Goodrich, P.J., Bartlett, Hirschberg, Jenks and Hooker, JJ., concurred. —

The following is the opinion of Hamilton Odell, Esq., referee:

ODELL, Referee:

In the case of Astoria Heights L, Co. v. City of New York (see ante, page 512.) I have attempted to state reasons why the plaintiff was not entitled to have the assessments declared illegal and void and the defendant restrained from collecting them. The reasons apply to this case, in so far as these plaintiffs seek the same relief. In so far as they seek to recover the sums paid by them for assessments and interest, the action must fail, as the claim is barred by the Statute of Limitations. ( Diefenthaler v. Mayor, 111 N.Y. 331; Jex v. Mayor, Id. 339; Trimmer v. City of Rochester, 134 id. 76.) The complaint is dismissed.