People ex rel. Broadway Realty Co. v. Feitner
Appellate Division of the Supreme Court of the State of New York
Appeal 'by the defendants, Thomas L. Feitner and others, as commissioners of taxes and assessments of the city óf New York, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 22d day of January, 1901, denying a motion to quash a writ of certiorari to review the action of the tax commissioners in assessing for the purposes of taxation for the year-1899 certain real estate belonging to…
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Appeal 'by the defendants, Thomas L. Feitner and others, as commissioners of taxes and assessments of the city óf New York, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 22d day of January, 1901, denying a motion to quash a writ of certiorari to review the action of the tax commissioners in assessing for the purposes of taxation for the year-1899 certain real estate belonging to the relator and directing a reference of the issues raised by the ■ petition for the writ and the commissioners’ return…
1ConcurrenceHatch, J.
I concur in the result reached by Mr. Justice McLaughlin in this case. . It does not, however, appear to me that the averments *159of the petition are sufficient to show that the assessment upon the petitioner’s property is higher than the fair market value of the same. Indeed, nothing is said in the petition from which such fact could be inferred, and in the application which was made by the relator to the commissioners of taxes and assessments for the reduction of the assessment its statement upon this subject was in the following language: “ It finds that the same has been assessed on the…
2Cases cited4 opinions
- People Ex Rel. Warren v. . CarterNew York Court of Appeals · 1888
- People ex rel. Sutphen v. FeitnerAppellate Division of the Supreme Court of the State of New York · 1899
- People Ex Rel. Allen v. . BadgleyNew York Court of Appeals · 1893
- People ex rel. Erie Railroad v. WebsterAppellate Division of the Supreme Court of the State of New York · 1900