
    Edmund Day et al., Respondents, v. The City of Dunkirk, Appellant.
    
      Day v. City of Dunkirk, 170 App. Div. 936, affirmed.
    (Argued January 29, 1918;
    decided February 12, 1918.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered July 12, 1915, unanimously affirming a judgment in favor of plaintiffs entered upon a decision of the court on trial at Special Term in an action to set aside sewer assessments against the property of plaintiffs as a cloud upon title. The complaint alleged that the assessors entirely omitted from the assessment roll and excepted from assessment, property along part of said sewer having a frontage of about 1,592 feet and did assess the cost of said sewer upon the plaintiffs and other owners of property. The trial court set aside the assessments upon the ground that the method of assessment adopted violated the plain and explicit directions of the charter of the city of Dunkirk and imposed a greater burden upon the plaintiffs’ property than could be legally assessed thereon.
    
      Lyman A. Kilburn for appellant.
    
      John K. Patterson for respondents.
   Judgment affirmed, with costs; no opinion.

Concur: Hiscock, Ch. J., Chase, Collin, Cuddeback, Hogan, McLaughlin and Crane, JJ.  