Legal Opinion

Lawton v. City of New Rochelle

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

Decided July 24, 1906PublishedCited by 10 opinions

Appeal by the defendant, The City of New Rochelle, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the cleric of the county of Westchester on the 16th day of December, 1905, upon the decision of the court, rendered after a trial at the Westchester Special Term, overruling the defendant’s demurrer to the complaint.

1Opinion of the Court

Woodward, J.:

The plaintiff since the year 1893 has been the owner of. certain premises in the city of New Rochelle. The defendant has from *884time to time attempted to levy and assess taxes upon the premises, and has attempted to sell the same, and this action is brought for the purpose of having these assessments set aside, as well as the sales which have been held in pursuance of an effort to collect such taxes, and to restrain all persons claiming an estate in the premises under title from the defendant’s tax sales. The defendant demurs to each of the eleven causes of action set forth in the…

2Cases cited1 opinion

  1. Matter of N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1877

3Cited by10 opinions

  1. People ex rel. National Park Bank v. MetzAppellate Division of the Supreme Court of the State of New York · 1910
  2. Sheldon v. RussellNew York Supreme Court · 1915
  3. Allter v. Village of St. JohnsvilleAppellate Division of the Supreme Court of the State of New York · 1909
  4. French v. City of New RochelleAppellate Division of the Supreme Court of the State of New York · 1910
  5. McInnis v. City of New RochelleNew York Supreme Court · 1917

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