Legal Opinion
Erie Railroad v. City of Rochester
Appellate Division of the Supreme Court of the State of New York
Decided March 15, 1939PublishedCited by 4 opinions
1Opinion of the CourtCunningham, J.
This action is brought to recover moneys paid upon taxes thereafter declared to have been levied upon property illegally assessed. The defendant claims that the action is barred by the Statute of Limitations.
In the years 1919, 1920 and 1921 taxes for school purposes were levied upon plaintiff’s special franchises situate in School District No. 5 of the town of Brighton. The amounts of such taxes were paid by the plaintiff to the school district. In each year the plaintiff commenced a proceeding to review the assessments of its special franchises, pursuant to the provisions of section 46 of…
2Cases cited6 opinions
- Furey v. GravesNew York Supreme Court · 1933
- Furey v. GravesAppellate Division of the Supreme Court of the State of New York · 1934
- Matter of Furey v. GravesNew York Court of Appeals · 1934
- People ex rel. Eckerson v. Board of EducationAppellate Division of the Supreme Court of the State of New York · 1908
- People Ex Rel. Eckerson v. Board of EducationNew York Court of Appeals · 1908
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3Cited by4 opinions
- Magee v. Board of AssessorsNew York Supreme Court · 1964
- Delaware, Lackawanna & Western Railroad v. Board of SupervisorsAppellate Division of the Supreme Court of the State of New York · 1940
- Erie Railroad v. City of RochesterAppellate Division of the Supreme Court of the State of New York · 1939
- Seneca Hotel Corp. v. Board of SupervisorsAppellate Division of the Supreme Court of the State of New York · 1963