VISCUSI v. CITY OF SCHENECTADY


198 Misc. 732 (1950)

Madeline Viscusi, Plaintiff, v. City of Schenectady et al., Defendants.

Supreme Court, Special Term, Schenectady County.

September 18, 1950.


Attorney(s) appearing for the Case

Poersch & Sevits for plaintiff.

Cerrito & Clayman for Carmelo De Paolo and another, defendants.

J. Vincent Smith, Corporation Counsel, for City of Schenectady, defendant.


BOOKSTEIN, J.

The provisions of section 83 of the General City Law here involved constitute a limitation on the general legislative powers of the common council and must be strictly construed. Concededly, the protest was not acknowledged. "The court may not exercise a dispensing power based on the principles of abstract justice fitting the particular case. It may only see that the requirements of the law are...

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