Joseph F. Knapp, Appellant v. the City of Brooklyn, Respondent

Summary

The Court of Appeals affirmed the lower court's demurrer, holding that the complaint was legally insufficient because it alleged only a legal conclusion of fraud without factual particulars, though the defect was curable by amendment. It also held that the 1874 amendment to the 1858 New York assessment act, which bars equity actions to vacate assessments, does not apply to the City of Brooklyn, so no statutory prohibition bars the action.