Legal Opinion · Dissent

Semple School for Girls v. Boyland

New York Court of Appeals

Decided April 14, 1955Published

1DissentDesmond, J.

This real property, owned by a nonstock, nonprofit educational corporation and used exclusively for secondary school educational purposes, is entitled to tax exemption. The applicable statutory law, expressing an old and basic (see L. 1823, ch. 262; L. 1893, ch. 498; N. Y. Const., art. XVI, § 1) public policy of this State is part of subdivision 6 of section 4 of the Tax Law, which exempts from taxation “ The real property of a corporation or association organized exclusively for * * * educational * * * purposes * * * and used exclusively for carrying out thereupon * * * such purposes ” but…

2Cases cited16 opinions

  1. Trustees of Amherst College v. RitchNew York Court of Appeals · 1897
  2. Yale University v. Town of New HavenSupreme Court of Connecticut · 1899
  3. In Re the Appraisal, Under the Transfer Tax Act, of the Estate of HuntingtonNew York Court of Appeals · 1901
  4. People Ex Rel. Thomas S. Clarkson Memorial College of Technology v. HaggettNew York Court of Appeals · 1949
  5. People ex rel. Board of Trustees v. MezgerAppellate Division of the Supreme Court of the State of New York · 1904

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