Collins v. Long Island City
New York Supreme Court
Appeal from judgment on report of referee. Action by Benjamin Collins, against Long Island City and Erederick W. Bleekwenn, treasurer, etc., to avoid the payment of interest claimed as penalty for non-payment of taxes on real estate in defendant city. Defendants pleaded the ratification, confirmation, and levy of the taxes in question by the legislature. Laws 1882, c. 383, and Laws 1886, c. 656. There was judgment for plaintiff, and defendant appeals.
1Opinion of the CourtBarnard, P. J.
The cases of People v. Bleckwenn, 7 N. Y. Supp. 914, and Francklyn v. Long Island City, 32 Hun, 451, determined that the legislature could validate a void tax, as well for the amount of tax as for interest upon it. This is the only question involved in the present appeal, and the judgment should therefore be reversed, and a new trial granted; costs to abide event. All concur.
2Cases cited1 opinion
- People ex rel. Flower v. BleckwennNew York Supreme Court · 1889
3Cited by1 opinion
- Collins v. Long Island CityNew York Supreme Court · 1890