Brennan v. . City of Buffalo
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered February 3, 1897, affirpiing in part and reversing in part a judgment of the Superior Court ■ of Buffalo reducing an assessment for taxes levied against plaintiff’s land, setting 'aside a sale of the premises for the non-payment of such taxes and canceling the certificates of sale, entered upon a decision of the court on trial at Special Term.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered February 3, 1897, affirpiing in part and reversing in part a judgment of the Superior Court ■ of Buffalo reducing an assessment for taxes levied against plaintiff’s land, setting 'aside a sale of the premises for the non-payment of such taxes and canceling the certificates of sale, entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. The action of the assessors in arbitrarily increasing…
1Opinion of the CourtO’Brien, J.
The plaintiff sought in this action to set aside a sale of her real property made by the municipal authorities upon an assessment for a local improvement. The complaint attacked not only the validity of the proceedings resulting in the sale, including the certificate given to the purchaser, but the assessment upon which it rested as illegal and void and a cloud upon her title. It is conceded, I think, that subsequent to the delivery of the assessment roll by the treasurer to the comptroller there were irregularities in the proceedings sufficient to justify the trial court in setting aside the…
2Cases cited2 opinions
- Zink v. . McManusNew York Court of Appeals · 1890
- Hoag v. LamontNew York Court of Appeals · 1875
3Cited by3 opinions
- In re Donner-Hanna Coke Corp.Appellate Division of the Supreme Court of the State of New York · 1925
- New York Central & Hudson River Railroad v. City of BuffaloNew York Supreme Court · 1912
- People ex rel. Robinson v. BanfieldNew York Supreme Court · 1901