Emily D. Jex, Executors v. the Mayor, Aldermen and Commonalty of the City of New York…

Summary

The New York Court of Appeals reversed the lower court's dismissal of a complaint seeking recovery of money paid under an illegal assessment for repaving Broadway. The Court held that the 1874 amendment limiting remedies applies only while a lien exists, so a plaintiff may recover back money without first vacating the assessment. The assessment was void because it lacked the required petition and contract procedures.