General

In the Matter of the Petition of Salome Loew to Vacate an Assessment

90 N.Y. 666·New York Court of Appeals·1882·NY

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Opinion

In the Matter of the Petition of Salome Loew to Vacate an Assessment. An order denying a motion to modify an order vacating an assessment is not reviewable here. (Submitted November 14, 1882; decided November 21, 1882.) This was an appeal from an order of General Term, affirming an order of Special Term, denying a motion to modify an order vacating an assessment herein. The court say : “ It is like a motion to open a default, or to vacate or modify a judgment taken against a defendant through his inadvertence or mistake, and it was addressed to the discretion of the court. Whether under all the circumstances the court would grant the motion rested in its discretion, and that is not reviewable here.” D. J. Dean for appellant. Charles B. Miller for respondent. [MAJORITY — Earl, J.,] Earl, J., reads for dismissal of appeal. All concur. Appeal dismissed.