Appellate Division of the Supreme Court of New York, 1918

Garfield Real Estate Co. v. Colbert

Garfield Real Estate Co. v. Colbert
Appellate Division of the Supreme Court of New York · Decided November 15, 1918
186 A.D. 935
Garfield Real Estate Co. v. Colbert

Opinion of the Court

Judgment reversed, with costs, and complaint dismissed, with costs. Held, that inasmuch as plaintiff’s assignor might have procured a severance of this assessment at a time antedating the payment, the payment of the entire tax was not essential to the protection of the property of plaintiff’s assignor and, hence, that payment was voluntary and not compulsory. All concurred.

See Laws of 1907, chap. 755, § 199.— [Rep.

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