Matter of City of New York
New York Court of Appeals
Cross-appeals from an order of the Appellate Division of the Supreme Court in the first judicial department, entered October 22, 1907, which modified and affirmed as modified an order of Special Term correcting and confirming a report of commissioners of estimate and assessment. This proceeding was instituted by the city of New York to acquire title to certain lands for the straightening and widening of Jerome avenue between Woodla'wn road and Mosholn avenue.
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Cross-appeals from an order of the Appellate Division of the Supreme Court in the first judicial department, entered October 22, 1907, which modified and affirmed as modified an order of Special Term correcting and confirming a report of commissioners of estimate and assessment. This proceeding was instituted by the city of New York to acquire title to certain lands for the straightening and widening of Jerome avenue between Woodla'wn road and Mosholn avenue. At that point Jerome avenue had been legally opened in 1870. The appellant, the Woodlawn Cemetery, appears to have been the owner of…
1Opinion of the CourtWerner, J.
The statute (L. 1879, ch. 310) under which the Woodlawn Cemetery claims exemption from assessment for benefit in this proceeding reads as follows : “ Section 1. No land actually used and occupied for cemetery purposes shall be sold under execution or for any tax or assessment, nor shall such tax or assessment be levied, collected, or imposed, nor shall it be lawful to mortgage such land, or to apply it in payment of debts, so long as it shall continue to be used for such Cemetery purposes. Section 2. Whenever any such lands shall cease to be used for cemetery purposes, any judgment, tax, or…
2Cases cited6 opinions
- Genet v. . City of BrooklynNew York Court of Appeals · 1885
- Buffalo Cemetery Assn. v. . City of BuffaloNew York Court of Appeals · 1889
- People Ex Rel. Buffalo Burial Park Ass'n v. StilwellNew York Court of Appeals · 1907
- In re Mayor of New YorkAppellate Division of the Supreme Court of the State of New York · 1907
- Oakland Cemetery v. City of YonkersAppellate Division of the Supreme Court of the State of New York · 1901
1 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- In re the Mayor, Aldermen & CommonaltyAppellate Division of the Supreme Court of the State of New York · 1909
- Garden Cemetery Corp. v. BakerMassachusetts Supreme Judicial Court · 1914
- Isaac G. Johnson & Co. v. CoxNew York Court of Appeals · 1909
- Hollywood Cemetery Assn. v. PowellCalifornia Supreme Court · 1930
- Matter of City of New York (Newton Avenue)New York Court of Appeals · 1916
22 more not listed; retrieve them via the Exa API.