Dodge v. Kearns, Fallon & Shattuck

Appellate Division of the Supreme Court of New York

Dodge v. Kearns, Fallon & Shattuck

40 A.D.2d 937, 337 N.Y.S.2d 680, 1972 N.Y. App. Div. LEXIS 3530

CourtAppellate Division of the Supreme Court of the State of New York

DecidedNovember 2, 1972

StatusPublished

This text of 40 A.D.2d 937 (Dodge v. Kearns, Fallon & Shattuck) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Dodge v. Kearns, Fallon & Shattuck, 40 A.D.2d 937, 337 N.Y.S.2d 680, 1972 N.Y. App. Div. LEXIS 3530 (N.Y. Ct. App. 1972).

Pincite

Opinion

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 [938]*938from order of Onondaga Special Term in condemnation proceeding.) Present—Marsh, J. P., Witmer, Moule, Cardamone and Henry, JJ.

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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 [938]*938from order of Onondaga Special Term in condemnation proceeding.) Present—Marsh, J. P., Witmer, Moule, Cardamone and Henry, JJ.

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Bluebook (online)

40 A.D.2d 937, 337 N.Y.S.2d 680, 1972 N.Y. App. Div. LEXIS 3530, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dodge-v-kearns-fallon-shattuck-nyappdiv-1972.