Brooklyn Elevated Railroad v. City of Brooklyn
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, The Brooklyn Elevated Railroad Company, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 1st day of April, 1896, vacating a preliminary injunction granted in the action and denying the plaintiff’s motion to make such injunction permanent during the pendency of the action.
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Appeal by the plaintiff, The Brooklyn Elevated Railroad Company, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 1st day of April, 1896, vacating a preliminary injunction granted in the action and denying the plaintiff’s motion to make such injunction permanent during the pendency of the action. Also, an appeal by the plaintiff, The Brooklyn Elevated Railroad Company, from an order of the Supreme Court, made at the Orange Special Term and entered in the office of the clerk of the county of Kings on…
1Opinion of the Court
Hatch, J.:
In 1892 the authorities of the city of Brooklyn placed upon the property of the plaintiff, for purposes of taxation, an assessed valuation of $2,903,665, and the tax levied thereunder for that year is the sum of $83,119.37. No application was made by the plaintiff to correct this tax or to change or modify the assessed valuation, and no protest was made of any character to the authorities having the matter in charge. The tax ivas not paid and no steps seem to have been taken to enforce collection until November 22,1895, when the registrar of arrears of said city served upon the…
2Cases cited1 opinion
- Buf. and State L.R.R. Co. v. . Sup'rs Erie Co.New York Court of Appeals · 1871
3Cited by6 opinions
- City of New York v. VanderveerAppellate Division of the Supreme Court of the State of New York · 1904
- Oswego Falls Corp. v. City of FultonNew York Supreme Court · 1933
- In re Village of Medina to Compel the Repayment of Taxes Assessed and Collected by the Town of Shelby in 1905, New York County Courts1907
- Lome v. Tax CommissionNew York Supreme Court · 1959
- Cedzich v. City of New YorkNew York Supreme Court · 1959
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