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27 N.Y. Sup. Ct. 346

In re Murphy

New York Supreme Court

Decided March 15, 1880

New York Supreme Court · decided 1880-03-15

<p>Resolution for paving — when it authorizes the pavement of the streets which hound, at each end the portion of the street improved —• Error in the amount of an assessment — when it may he corrected on petition, under chapter 312 of 1874.</p> <p>A resolution directing- “ that Madison avenue, from Forty-second to Eighty-sixth streets, be paved with Belgian pavement, and that at the several intersecting streets and avenues cross-walks Joe laid,” etc., authorizes the paving of Eighty-sixth street as being one of the intersecting streets. (Brady, J., dissenting.)</p> <p>Where, under a resolution directing the pavement of Madison avenue, from Forty-second to Eighty-sixth street, the latter street was paved, and the petitioner’s lot, situated on the north-west corner of Madison avenue and Eighty-sixth street, was by mistake assessed, not only for its proportionate part of the paving done at the intersection, but as though it were situated wholly within the area of assessment, held, that the error could be corrected on a petition to vacate the assessment under chapter 312 of 1874.</p>

Decided 1880-03-15

Brady, J.

¶1(dissenting).

¶2The improvement, to which this application related, extended from Forty-second to Eighty-sixth streets, and when it touched the southerly line of Eighty-sixth street it ended. It was not within its language to cross that street.

¶3The words “intersecting streets,” in the resolution, give no force to the contrary view. These were the streets between Forty-second and Eighty-sixth streets, and over the bed of which if, in a continuous line, the improvement intersected. There was to be no intersection at Eighty-sixth street; the improvement stopping at the lino of that street, and, therefore, not cutting it at all.

¶4To intersect, is to cut, divide or cross mutually. Two lines are said to intersect when they cross each other, having a point in common. The etymology of the word makes this moro apparent, being enter, between, and seco, to cut — Worcester’s Dictionary. If the resolution had provided for the improvement to the northerly side of Eighty-sixth street, or to and including Eighty-sixth street, the intersection would have occurred, but it did not. It was to Eighty-sixth street, and, when the point indicated was reached, its power was spent. This fact did not limit the area of assessment, doubtless, to the boundary lines given; but the notice *349to tbe petitioners was deficient, because it did not describe the limits of the assessment so as to embrace his property, and he was not properly advised of its imposition. It followed and repeated the language of the resolution, which was not enough. (See Laws 1841, chap. 171, § 1.)

¶5Order reversed, with ten dollars costs and disbursements.

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