Legal Opinion

Broderick v. City of Yonkers

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1897PublishedCited by 16 opinions

Appeal by the defendant, The City of Yonkers, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Westchester on the 3d day of July, 1897, upon the decision of the court rendered after a trial at the Westchester Special Term.

1Opinion of the Court

Cullen, J.:

I assume that the plaintiff was entitled to have so much of the value of her real estate as represented the investment of her pension moneys exempted . from taxation. (People ex rel. Scott v. Williams, 27 N. Y. Supp. 23 ; Yates County Nat. Bank v. Carpenter, 119 N. Y. 550.) Therefore, had she taken proper proceedings to secure her exemption by making demand on the assessors and by reviewing their action, if ad verse, by certiorari, she would be entitled to relief. The plaintiff, however, did not take .this course: The money which she seeks to recover from the defendant was paid…

2Cases cited6 opinions

  1. Weaver v. DevendorfNew York Supreme Court · 1846
  2. National Bank of Chemung v. City of ElmiraNew York Court of Appeals · 1873
  3. Yates County National Bank v. CarpenterNew York Court of Appeals · 1890
  4. Barhyte v. . ShepherdNew York Court of Appeals · 1866
  5. Prosser v. SecorNew York Supreme Court · 1849

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3Cited by16 opinions

  1. Christian Business Men's Committee of Minneapolis, Inc. v. StateSupreme Court of Minnesota · 1949
  2. In re BaumgartenAppellate Division of the Supreme Court of the State of New York · 1899
  3. Ensenada Estates, Inc. v. HillSupreme Court of Puerto Rico · 1916
  4. Ríos v. RichardsonSupreme Court of Puerto Rico · 1916
  5. Toal v. City of New YorkNew York Supreme Court · 1901

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