Legal Opinion

People ex rel. Smith v. Gilon

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

Decided November 15, 1901PublishedCited by 4 opinions

Appeal by the defendant, Edward Gilon, collector.of assessments and arrears of the city of Hew York, from an order of the Supreme Court, made at the Kings County Special Term and entered in the •office of the clerk of the county of Queens on the 16th day of November, 1900, granting a peremptory writ of mandamus requiring the defendant to accept the money tendered him in full payment and discharge of the taxes levied for village and school piirposes ■against the premises of…

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Appeal by the defendant, Edward Gilon, collector.of assessments and arrears of the city of Hew York, from an order of the Supreme Court, made at the Kings County Special Term and entered in the •office of the clerk of the county of Queens on the 16th day of November, 1900, granting a peremptory writ of mandamus requiring the defendant to accept the money tendered him in full payment and discharge of the taxes levied for village and school piirposes ■against the premises of the relator in the village of Whitestone, town of Flushing, county of Queens..

1Opinion of the Court

Sewell, J.:

The petition alleges that the premises of the relator were assessed for taxes by the village of Whitestone, town of Flushing, county of ■Queens, for the years 1895, 1896 and 1897, and were taxed for school purposes in the years 1896 and 1897 ; that the premises were sold by the village in December, 1897, for the taxes levied*by the village' for the year 1895 ; that they have not been redeemed ; that the taxes have not been paid and are a lien against the property. The petition also alleges that on December 25, 1900, the relator tendered to the appellant the sum of $329.50 in full…

2Cases cited4 opinions

  1. People Ex Rel. Griffin v. Mayor of BrooklynNew York Court of Appeals · 1851
  2. Tompkins v. . HunterNew York Court of Appeals · 1896
  3. Karst v. . GaneNew York Court of Appeals · 1893
  4. In Re the Estate of MillerNew York Court of Appeals · 1888

3Cited by4 opinions

  1. People v. GitlowAppellate Division of the Supreme Court of the State of New York · 1921
  2. Matthews v. Victor Hotel Co.Appellate Terms of the Supreme Court of New York · 1911
  3. Terminello v. BleeckerCity of New York Municipal Court · 1935
  4. Benvenga v. La GuardiaAppellate Division of the Supreme Court of the State of New York · 1944

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