New York Steam Corp. v. City of New York
New York Court of Appeals
Chapter 815 of the Laws of 1933 is invalid it is a special local law in its effect relating to the property, affairs or government of a specific city, and was not adopted in conformity with the provisions of section 2 of article XII of the New York Constitution. (People ex rel.
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Chapter 815 of the Laws of 1933 is invalid it is a special local law in its effect relating to the property, affairs or government of a specific city, and was not adopted in conformity with the provisions of section 2 of article XII of the New York Constitution. (People ex rel. Mason v. McClave, 99 N. Y. 83; People v. Ahearn, 196 N. Y. 221; Matter of Mayor [Elm St.], 246 N. Y. 72; Adler v. Deegan, 251 N. Y. 467.) The emergency in the city of New York, to meet which the act was enacted, was a fiscal emergency “ relating to the property, affairs or government ” of the city. It was essentially…
1Opinion of the CourtLotjghran, J.
This appeal is from a judgment in favor of the defendant city of New York in an action to recover taxes exacted from plaintiff by force of chapter 815 of the Laws of 1933 and Local Law No. 19, 1933 (Local Laws, 1933, pp. 127-135). The validity of the statute is challenged under sections 1 and 2 of article XII of the Constitution of the State. The local law is assailed under the Fourteenth Amendment of the Constitution of the United States.
The provisions of the statute, known as the Buckley Act, so far as material, are as follows:
“ AN ACT to relieve the people of any city of the state having a…
2Cases cited14 opinions
- Lindsley v. Natural Carbonic Gas Co.Supreme Court of the United States · 1911
- Quong Wing v. KirkendallSupreme Court of the United States · 1912
- Adler v. DeeganNew York Court of Appeals · 1929
- People Ex Rel. Farrington v. . MenschingNew York Court of Appeals · 1907
- Darweger v. StaatsNew York Court of Appeals · 1935
9 more not listed; retrieve them via the Exa API.
3Cited by44 opinions
- New York Rapid Transit Corp. v. City of New YorkSupreme Court of the United States · 1938
- New York Rapid Transit Corp. v. City of New YorkNew York Court of Appeals · 1937
- Merchants Refrigerating Co. v. TaylorNew York Court of Appeals · 1937
- Matter of Kesbec, Inc. v. McGoldrickNew York Court of Appeals · 1938
- Commission of Public Charities of City of Hudson v. WortmanAppellate Division of the Supreme Court of the State of New York · 1938
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