Legal Opinion

City of Rochester v. Chiarella

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

Decided April 12, 1982No. Appeal No. 1; Appeal No. 2PublishedCited by 14 opinions

1Opinion of the Court

*112OPINION OF THE COURT

Doerr, J.

In Angelone v City of Rochester (72 AD2d 445, affd 52 NY2d 982), we held that Ordinance No. 79-307 which was adopted by the City of Rochester in order to establish a special capital fund to pay the tax refunds which were mandated by Waldert v City of Rochester (44 NY2d 831, modfg 61 AD2d 147) was unconstitutional. A direct refund of excess property taxes collected for the fiscal years 1974-1978 was ordered.

Anticipating the litigation that was sure to follow our decision, the City of Rochester commenced this class action on June 26, 1980 against certain named…

2Cases cited15 opinions

  1. Friar v. Vanguard Holding Corp.Appellate Division of the Supreme Court of the State of New York · 1980
  2. Adrico Realty Corp. v. City of New YorkNew York Court of Appeals · 1928
  3. Mercury Machine Importing Corp. v. City of New YorkNew York Court of Appeals · 1957
  4. Hurd v. City of BuffaloNew York Court of Appeals · 1974
  5. Hurd v. City of BuffaloAppellate Division of the Supreme Court of the State of New York · 1973

10 more not listed; retrieve them via the Exa API.

3Cited by14 opinions

  1. Woodrow v. Colt Industries, Inc.Appellate Division of the Supreme Court of the State of New York · 1990
  2. City of Rochester v. ChiarellaAppellate Division of the Supreme Court of the State of New York · 1983
  3. Carnegie v. H&R Block, Inc.New York Supreme Court · 1999
  4. Harville v. County of ErieAppellate Division of the Supreme Court of the State of New York · 1989
  5. Neuner v. Newburgh City School DistrictAppellate Division of the Supreme Court of the State of New York · 1983

9 more not listed; retrieve them via the Exa API.

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