Lancaster Sea Beach Improvement Co. v. City of New York
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered March 28, 1914, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term without a jury. 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 of the Appellate Division of the Supreme Court in the second judicial department, entered March 28, 1914, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term without a jury. The nature of the action and the facts, so far as material, are stated in the opinion. The Appellate Division was right in overruling the fourth finding of fact and in finding in lieu thereof that the map upon which plaintiff’s premises were attempted to be shown was not prepared pursuant to chapter 542 of the Laws of 1892, but was an old…
1Opinion of the CourtCollin, J.
The action is to recover from the city of New York the sum paid by the plaintiff corporation in 1912 to it as a tax upon real estate for the year 1899, and the interest thereon. The payment was under the duress of an advertised sale of the property for the tax. The plaintiff seeks a recovery upon the ground that the tax was void because the property was not assessed, for the purpose of taxation, as the law required. The Appellate Division unanimously affirmed the facts as found by the trial court with the exception of one finding which received a modification having support in the evidence.…
2Cases cited3 opinions
- French v. EdwardsSupreme Court of the United States · 1872
- Westfall v. . PrestonNew York Court of Appeals · 1872
- Bemis v. CaldwellMassachusetts Supreme Judicial Court · 1887
3Cited by16 opinions
- C. H. O. B. Associates, Inc. v. Board of AssessorsNew York Supreme Court · 1964
- Connolly v. Board of AssessorsAppellate Division of the Supreme Court of the State of New York · 1969
- Conklin v. JablonskiNew York Supreme Court · 1971
- Crommelin v. FinnNew York Supreme Court · 1927
- City of New York v. ApplebyAppellate Division of the Supreme Court of the State of New York · 1915
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