Legal Opinion

People ex rel. New York Edison Co. v. Prendergast

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

Decided December 6, 1918PublishedCited by 5 opinions

Appeal by the defendant, William A. Prendergast, as comptroller, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 21st day of December, 1917, granting relator’s motion for a peremptory writ of mandamus.

1Opinion of the Court

Shearn, J.:

Appeal from an order directing a peremptory writ of mandamus requiring the consideration, under section 246 of the Greater New York charter (Laws of 1901, chap. 466, added by Laws of 1907, chap. 601, as amd. by Laws of 1910, chap. 683), of relator’s claim for refund of a portion of taxes ■ assessed against certain real property owned by the relator and paid for the years 1905 to 1914 inclusive, in which assessment it is claimed there was included, either illegally or erroneously, the value of machinery owned, not by the relator, but by its lessee. The petition alleges that this…

2Cases cited2 opinions

  1. People Ex Rel. Dady v. . PrendergastNew York Court of Appeals · 1911
  2. People ex rel. Dady v. PrendergastAppellate Division of the Supreme Court of the State of New York · 1911

3Cited by5 opinions

  1. 1555 Boston Road Corp. v. Finance AdministratorAppellate Division of the Supreme Court of the State of New York · 1978
  2. City of Rochester v. ChiarellaAppellate Division of the Supreme Court of the State of New York · 1983
  3. Kilroe v. CraigAppellate Division of the Supreme Court of the State of New York · 1924
  4. Miller v. City of OneidaNew York Supreme Court · 1934
  5. St. Luke's Hospital v. BeameNew York Supreme Court · 1965

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API