Legal Opinion

Pratt Institute v. City of New York

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

Decided July 1, 1904PublishedCited by 3 opinions

Appeal by the plaintiff, Pratt Institute, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Kings on the 25th day of March, 1904, upon the decision of the court, rendered after a trial at the Kings County Special Term, sustaining the defendant’s demurrer to the plaintiff’s amended complaint and dismissing the said complaint.

1Opinion of the Court

Jenks, J. :

The action is to cancel and set aside taxes on certain real estate of the plaintiff in the borough of Brooklyn, consisting of five lots with houses thereon, given by Mr. Charles Pratt to the plaintiff after its incorporation. The realty is not connected with the property of the plaintiff directly devoted to its educational and charit*526able work, but is leased, and .its rents are used in the said work. The plaintiff asserts exemption perforce of section 10 of its charter (Laws of 1887, chap. 398), which reads: “ For the uses and purposes aforesaid, the said corporation is authorized…

2Cases cited14 opinions

  1. Barron Ex Rel. Tiernan v. Mayor of BaltimoreSupreme Court of the United States · 1833
  2. Spies v. IllinoisSupreme Court of the United States · 1887
  3. Tucker v. FergusonSupreme Court of the United States · 1875
  4. Tomlinson v. JessupSupreme Court of the United States · 1873
  5. Stearns v. MinnesotaSupreme Court of the United States · 1900

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3Cited by3 opinions

  1. In re Troy Press Co.Appellate Division of the Supreme Court of the State of New York · 1906
  2. Carroll v. McArdleAppellate Division of the Supreme Court of the State of New York · 1913
  3. People ex rel. Reformed Dutch Church v. HanniganAppellate Division of the Supreme Court of the State of New York · 1920

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