New York Court of Appeals, 1939

County of Herkimer v. Village of Herkimer

County of Herkimer v. Village of Herkimer
New York Court of Appeals · Decided January 17, 1939 · <italic>Per Curiam.</italic>
18 N.E.2d 854; 279 N.Y. 560; 1939 N.Y. LEXIS 890 (North Eastern Reporter, Second Series)
County of Herkimer v. Village of Herkimer

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Opinion of the Court

Per Curiam.

Property purchased by a county at a tax sale held pursuant to the provisions of articles 6 and 7 of the Tax Law (Cons. Laws, ch. 60) is not property “ held for a public use ” within the meaning of section 4 (subd. 3) of the Tax Law. Section 50, subdivision 2, of the Tax Law, by its terms, applies only to the assessment rolls of “ tax districts.” As defined by the statute, “ tax districts ” do not include incorporated villages. We read the statute as it is written.

The judgment should be affirmed, without costs.

Crane, Ch. J., Lehman, Hubbs, Loughran, Finch and Rippey, JJ., concur; O’Brien, J., taking no part.

Judgment affirmed.

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