Kroemer v. City of New York

Appellate Division of the Supreme Court of New York

Kroemer v. City of New York

247 A.D. 795

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

DecidedMarch 15, 1936

StatusPublished

This text of 247 A.D. 795 (Kroemer v. City of New York) 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

Kroemer v. City of New York, 247 A.D. 795 (N.Y. Ct. App. 1936).

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Opinion

In an action brought to recover interest, costs and disbursements upon the cancellation of a transfer of tax lien by the appellant, judgment in favor of the plaintiff for said interest, costs and disbursements modified by reducing said judgment to the sum of $826.33, with interest from March 20, 1932, and costs of the trial, and as so modified unanimously affirmed, without costs. We are of opinion that plaintiff, pursuant to the provisions of section 1043 of the Greater New York Charter, is entitled to interest from the date he purchased the transfer of tax lien. The taxed costs referred to in said section refer to costs taxed against a plaintiff upon an adjudication that the transfer of tax lien is invalid or defective. In such a ease, the city must reimburse the unsuccessful plaintiff taxed with costs. Such a situation is not presented by the present case. Present — Lazansky, P. J., Young, Hagarty, Carswell and Davis, JJ.

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In an action brought to recover interest, costs and disbursements upon the cancellation of a transfer of tax lien by the appellant, judgment in favor of the plaintiff for said interest, costs and disbursements modified by reducing said judgment to the sum of $826.33, with interest from March 20, 1932, and costs of the trial, and as so modified unanimously affirmed, without costs. We are of opinion that plaintiff, pursuant to the provisions of section 1043 of the Greater New York Charter, is entitled to interest from the date he purchased the transfer of tax lien. The taxed costs referred to in said section refer to costs taxed against a plaintiff upon an adjudication that the transfer of tax lien is invalid or defective. In such a ease, the city must reimburse the unsuccessful plaintiff taxed with costs. Such a situation is not presented by the present case. Present — Lazansky, P. J., Young, Hagarty, Carswell and Davis, JJ.

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Bluebook (online)

247 A.D. 795, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kroemer-v-city-of-new-york-nyappdiv-1936.