Legal Opinion
Goldberg v. City of New York
Appellate Division of the Supreme Court of the State of New York
Decided June 19, 1940PublishedCited by 8 opinions
1Opinion of the CourtO’Malley, J.
The question presented is whether, under the stipulated facts, payments by the plaintiff of taxes for the years 1935, 1936 and 1937, assessed under the provisions of section 21 of article 2 of chapter 25 of the Code of Ordinances of the City of New York, are to be considered as voluntary payments, or as having been made under duress and coercion. The taxes were assessed on the theory that kitchen tubs in plaintiff’s premises properly could be held to be bath tubs.
It has been heretofore held that, with respect to similar tubs located in kitchens in premises having no bath rooms, assessments…
2Cases cited5 opinions
- Matter of 320 W. 37th St., Inc. v. McGoldrickNew York Court of Appeals · 1939
- American District Telegraph Co. v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1925
- American District Telegraph Co. v. City of New YorkNew York Court of Appeals · 1926
- Effell Realty Corporation v. City of New YorkNew York Court of Appeals · 1939
- M & T Trust Co. v. City of BuffaloNew York Court of Appeals · 1935
3Cited by8 opinions
- City of Rochester v. ChiarellaNew York Court of Appeals · 1983
- Video Aid Corp. v. Town of WallkillNew York Court of Appeals · 1995
- City of Rochester v. ChiarellaAppellate Division of the Supreme Court of the State of New York · 1982
- Title Guarantee & Trust Co. v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1942
- Berkshire Knitting Mills v. City of New YorkNew York Supreme Court · 1955
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