Legal Opinion

City of Buffalo v. Wysocki

New York Supreme Court

Decided February 11, 1982PublishedCited by 2 opinions

1Opinion of the Court

OPINION OF THE COURT

Samuel L. Green, J.

In this class action suit, defendants who are individual and corporate taxpayers have moved for summary judgment against the plaintiff City of Buffalo (City) for the refund of real property taxes paid from 1974 through 1978. Two questions of law are presented. First, whether defendants’ claims for tax refunds were timely asserted. Second, whether all defendants, or only those who paid their taxes under appropriate legal protest, are entitled to refunds.

The City asserts that section 324 of the Charter of the City of Buffalo is a complete defense to the…

2Cases cited26 opinions

  1. Zuckerman v. City of New YorkNew York Court of Appeals · 1980
  2. Paramount Film Distributing Corp. v. StateNew York Court of Appeals · 1972
  3. First National City Bank v. City of New York Finance AdministrationNew York Court of Appeals · 1975
  4. Adrico Realty Corp. v. City of New YorkNew York Court of Appeals · 1928
  5. Peyser v. Mayor of New YorkNew York Court of Appeals · 1877

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3Cited by2 opinions

  1. Era Aviation, Inc. v. CampbellAlaska Supreme Court · 1996
  2. K. Capolino Design & Renovation, Ltd. v. Assessors of YonkersNew York Supreme Court · 1987

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