Legal Opinion

Werking v. Amity Estates, Inc.

New York Supreme Court

Decided November 4, 1954Published

1Opinion of the CourtBookstein, J.

The complaint alleges three causes of action. Each cause of action is identical except for those paragraphs in each, which assert a different failure to comply with the Tax Law as giving rise to each so-called cause of action. Thus paragraph eighteenth asserts invalidity by reason of overvaluation; paragraph thirty-first asserts invalidity by reason of failure to post notices as required by the Tax Law and paragraph forty-third asserts invalidity by reason of sufficiency of plaintiff’s personal property.

There is here, therefore, but one cause of action, based on three separate alleged…

2Cases cited8 opinions

  1. Mabie v. FullerNew York Court of Appeals · 1931
  2. Olds v. City of JamestownNew York Court of Appeals · 1939
  3. Seafire, Inc. v. AckersonNew York Court of Appeals · 1951
  4. Seafire Inc. v. AckersonNew York Supreme Court · 1947
  5. Smith v. RussellAppellate Division of the Supreme Court of the State of New York · 1916

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