
    SCUDDER et al. v. MAYOR, ETC., OF CITY OF NEW YORK.
    (Supreme Court, General Term, First Department.
    June 15, 1894.)
    Municipal Corporations—Review op Assessment—Injunction.
    Under Laws 1882, c. 410 (Consolidation Act), § 897, prescribing the remedy for an improper assessment, the enforcement of an illegal assessment will not be enjoined.
    Appeal from special term, Hew York county.
    Action by Hewlett Scudder and others, as trustees under the will of Henry J. Scudder, deceased, against the mayor and commonalty of city of Hew York, for an injunction. From a judgment dismissing the complaint on the merits, plaintiffs appeal.
    Affirmed.
    Argued before .O’BRIEH, FOLLETT, and PARKER, JJ.
    Joseph A. Flannery, for appellants.
    George L. Sterling, for respondents.
   PER CURIAM.

This suit is brought to restrain the sale of certain real property in the city of Hew York, owned by plaintiffs, for an unpaid assessment for a local improvement. The complaint was dismissed upon the grounds—First, that the assessment was void upon its face; and, second, that the remedy by injunction has been taken away by statute. The facts appearing bring this case clearly within the authorities of Sixth Ave. R. Co. v. Mayor, etc., 63 Hun, 271, 17 N. Y. Supp. 903, and People ex rel. Consolidated Gas Co. v. Myers, 65 Hun, 14, 19 N. Y. Supp. 723, which are decisions of this court, and therefore controlling. It was suggested upon the argument that these cases were questioned or overruled by some later decisions in the court of appeals, and reference was made to the case of People ex rel. Martin v. Myers, 135 N. Y. 465, 32 N. E. 241. We are unable to understand how this contention can be sustained, in the face of the language of the opinion, which, among other cases, cites with approval People ex rel. Consolidated Gas Co. v. Myers, supra. The judgment should accordingly be affirmed, with costs. 
      
       Laws 1882, c. 410, § 897.
     