Legal Opinion
New York Rapid Transit Corp. v. City of New York
New York Court of Appeals
Decided July 13, 1937PublishedCited by 48 opinions
1Opinion of the CourtFinch, J.
The city of New York appeals from the denial of a motion to dismiss the complaint, affirmed without opinion by the Appellate Division, two justices dissenting, and here by reason of the Appellate Division certifying the question: Does the complaint herein state facts sufficient to constitute a cause of action?
This is an action for money had and received, brought by a transit company to recover taxes paid under protest, upon the ground that the taxing statutes are unconstitutional.
The city of New York, pursuant to enabling acts passed by the State Legislature, which empowered the city to…
2Cases cited16 opinions
- Powell v. PennsylvaniaSupreme Court of the United States · 1888
- State Bd. of Tax Commr's of Ind. v. JacksonSupreme Court of the United States · 1931
- McCray v. United StatesSupreme Court of the United States · 1904
- Fox v. Standard Oil Co. of NJSupreme Court of the United States · 1935
- Great Atlantic & Pacific Tea Co. v. GrosjeanSupreme Court of the United States · 1937
11 more not listed; retrieve them via the Exa API.
3Cited by48 opinions
- New York Rapid Transit Corp. v. City of New YorkSupreme Court of the United States · 1938
- People v. KanNew York Court of Appeals · 1991
- Parsa v. State of New YorkNew York Court of Appeals · 1984
- State v. ColemanSupreme Court of New Jersey · 1965
- First National City Bank v. City of New York Finance AdministrationNew York Court of Appeals · 1975
43 more not listed; retrieve them via the Exa API.