Legal Opinion
10 Lafayette Square Holdings v. City of Buffalo
New York Supreme Court
Decided May 19, 1981PublishedCited by 2 opinions
1Opinion of the Court
OPINION OF THE COURT
Samuel L. Green, J.
Plaintiff has moved for summary judgment in an action to recover $175,301.71, the amount of taxes it paid in the tax years 1974-1975 through 1977-1978 which allegedly exceeded the defendant’s constitutional taxing powers pursuant to Hurd v City of Buffalo (41 AD2d 402, affd 34 NY2d 628). Although similar claims are being litigated in a class action, plaintiff was granted an order excluding it from the class.
Plaintiff is a lessee of real property situated in the City of Buffalo and, pursuant to its lease, paid all of the taxes levied by the city during…
2Cases cited22 opinions
- Andre v. PomeroyNew York Court of Appeals · 1974
- Adrico Realty Corp. v. City of New YorkNew York Court of Appeals · 1928
- Mercury Machine Importing Corp. v. City of New YorkNew York Court of Appeals · 1957
- Great Eastern Mall, Inc. v. CondonNew York Court of Appeals · 1975
- Hurd v. City of BuffaloNew York Court of Appeals · 1974
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3Cited by2 opinions
- LEVEL 3 COMMUNICATIONS, LLC v. CHAUTAUQUA COUNTYAppellate Division of the Supreme Court of the State of New York · 2017
- City of Buffalo v. WysockiNew York Supreme Court · 1982