City of New York v. . Appleby
New York Court of Appeals
Appeal from, a judgment, entered September 15, 1915, upon an order of the Appellate Division of the Supreme Court in the first judicial department, reversing a judgment in favor of defendants' entered upon a dismissal of the complaint by the court on trial at Special Term and directing judgment in favor of plaintiff upon new findings. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from, a judgment, entered September 15, 1915, upon an order of the Appellate Division of the Supreme Court in the first judicial department, reversing a judgment in favor of defendants' entered upon a dismissal of the complaint by the court on trial at Special Term and directing judgment in favor of plaintiff upon new findings. The nature of the action and the facts, so far as material, are stated in the opinion. The taxes in issue are void because the alleged lot No. 17 cannot be identified on the tax map and is not described in the assessment rolls. (Lancaster S. B. Co. v. City of…
1Opinion of the CourtCuddeback, J.
The action was brought to foreclose a “ transfer of tax lien” made by the city of New York to itself for taxes and assessments imposed during the years 1872 to 1907, and including a local assessment for a sewer imposed in 1908. On the trial of the action the plaintiff waived the right to recover upon all liens which accrued prior to the year 1894, and also the claim for the sewer assessment. The defendants were successful and recovered judgment at the Trial Term, but the court at the Appellate Division reversed that judgment, made new findings of fact and law, and gave judgment in favor of…
2Cases cited4 opinions
- People v. . HagadornNew York Court of Appeals · 1887
- Acme Realty Co. v. . SchinasiNew York Court of Appeals · 1915
- People Ex Rel. Pells v. Board of SupervisorsNew York Court of Appeals · 1875
- Peace v. . WilsonNew York Court of Appeals · 1906
3Cited by9 opinions
- In Re the Application of the City of New YorkNew York Court of Appeals · 1943
- American S. S. Co. v. Wickwire Spencer Steel Co.District Court, D. Massachusetts · 1930
- City of Syracuse v. MurrayNew York Supreme Court · 1942
- Van Derzee v. City of Long BeachAppellate Division of the Supreme Court of the State of New York · 1943
- Carodix Corp. v. ComiskeyAppellate Division of the Supreme Court of the State of New York · 1943
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