Town of Harrison v. County of Westchester
Opinion of the Court
In an action for a judgment declaring that the portion of the Westchester County Airport which is within the Town of Harrison is subject to taxation by the town, in which defendant counterclaimed for a judgment declaring such portion exempt from taxation, the plaintiff appeals: (1) from a judgment of the Supreme Court, Westchester County, entered September 6, 1960, which dismissed its complaint; and (2) from an order of said court entered August 29, 1960, which denied its motion for summary judgment to the extent of the relief demanded in the complaint and for a severance of the remaining issues; which directed the entry of the aforesaid judgment dismissing the complaint, and which severed the counterclaim, pursuant to rulo 113 of the Rules of Civil Practice. Judgment reversed, without costs. Order modified by striking out its last two decretal paragraphs; and, as so modified, affirmed, without costs. The action was brought on the theory that the subject property was not held for a public use (Real Property Tax Law, § 406, subd. 1) because it had been leased to certain business corporations for the storage and maintenance of aircraft, owned or operated by such corporations to provide for transportation of their officers, employees and guests. Defendant interposed an answer containing two affirmative defenses and a third affirmative defense and counterclaim. Defendant demanded that the complaint be dismissed and that judgment be granted in its favor declaring its entire airport property within the Town of Harrison to be exempt from taxation by the town and directing the town to cancel certain taxes levied by it against such property. Summary judgment was granted in favor of the defendant dismissing the complaint, although no such relief had been requested by it and although it had asserted that a question of fact existed with respect to the issues presented by its second affirmative defense and that such factual question could be decided only after a trial. The
Case-law data current through December 31, 2025. Source: CourtListener bulk data.