Appellate Division of the Supreme Court of New York, 1972

Dodge v. Kearns, Fallon & Shattuck

Dodge v. Kearns, Fallon & Shattuck
Appellate Division of the Supreme Court of New York · Decided November 2, 1972
40 A.D.2d 937; 337 N.Y.S.2d 680; 1972 N.Y. App. Div. LEXIS 3530
Dodge v. Kearns, Fallon & Shattuck

Opinion of the Court

Order unanimously affirmed, with costs. Memorandum: The city’s claim of error in law by the Commissioners of Appraisal in their receipt into evidence, and consideration in their deliberations, of tax equalization rates is without merit (City of Buffalo v. Irish Paper Co., 31 A D 2d 470, 475, affd. 26 N Y 2d 869; Chalmers & Sons v. State of New York, 35 A D 2d 864, 865). The grant of 5% additional allowance was a proper exercise of discretion by Special Term (see Matter of Dodge v. Tierney, 40 A D 2d 936). (Appeal *938from order of Onondaga Special Term in condemnation proceeding.) Present—Marsh, J. P., Witmer, Moule, Cardamone and Henry, JJ.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.