Isaac L. Rice Memorial Hospital v. Village of North Tarrytown
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, The Isaac L. Rice Memorial Hospital for Convalescents, from an order of the Supreme Court, made at the Westchester Special Term and entered in the office of the clerk of the county of Westchester on the 8th day of January, 1918, overruling a demurrer to a separate defense contained in the answer of the defendant Village of North Tarrytown.
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Appeal by the plaintiff, The Isaac L. Rice Memorial Hospital for Convalescents, from an order of the Supreme Court, made at the Westchester Special Term and entered in the office of the clerk of the county of Westchester on the 8th day of January, 1918, overruling a demurrer to a separate defense contained in the answer of the defendant Village of North Tarrytown. Appeal by the defendants, Village of North Tarrytown and others, from an order of the Supreme Court, made at the Westchester Special Term and entered in the office of the clerk of the county of Westchester on the 8th day of January,…
1Opinion of the Court
Jenks, P. J.:
The plaintiff, a hospital corporation, complains that its lands, exempt under the Tax Law (Consol. Laws, chap. 60 [Laws of 1909, chap. 62], § 4, subd. 7, as amd. by Laws of 1916, chap. 411), were taxed by the village of North Tarry-town, and brings this action in equity against the village and its collector and its treasurer, upon the theory of cloud upon title. These cross-appeals are respectively from orders of the Special Term that deny the defendant corporation’s motion for judgment on the pleadings and overrule the plaintiff’s demurrer to that defendant’s separate defense.
The…
2Cases cited15 opinions
- Savacool v. BoughtonNew York Supreme Court · 1830
- National Bank of Chemung v. City of ElmiraNew York Court of Appeals · 1873
- Bruecher v. . Village of Port ChesterNew York Court of Appeals · 1886
- Jex v. Mayor, Aldermen & CommonaltyNew York Court of Appeals · 1886
- Elmhurst Fire Co. v. . City of New YorkNew York Court of Appeals · 1914
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- People ex rel. Erie Railroad v. State Tax CommissionNew York Supreme Court · 1926