Leary v. Village of Lawrence

Appellate Division of the Supreme Court of New York

Leary v. Village of Lawrence

233 A.D. 771

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

DecidedMay 15, 1931

StatusPublished

This text of 233 A.D. 771 (Leary v. Village of Lawrence) 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

Leary v. Village of Lawrence, 233 A.D. 771 (N.Y. Ct. App. 1931).

Pincite

Opinion

Order reversed upon the law and the facts, with ten dollars costs and disbursements, and motion to strike out defenses and for judgment granted, with ten dollars costs. Village Law, section 109-a, as it read September 10, 1928, concerned only omissions from the roll of property subject to taxation by the village when the tax roll was made up on February 1, 1928. Plaintiffs’ property was not then within the village; the annexation not having taken place until [772]*772April 5, 1928, the resolution of September 10, 1928, lacked statutory authority to sustain it. The defenses, therefore, are not sufficient in law. Lazansky, P. J., Young, Carswell, Scudder and Davis, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

Order reversed upon the law and the facts, with ten dollars costs and disbursements, and motion to strike out defenses and for judgment granted, with ten dollars costs. Village Law, section 109-a, as it read September 10, 1928, concerned only omissions from the roll of property subject to taxation by the village when the tax roll was made up on February 1, 1928. Plaintiffs’ property was not then within the village; the annexation not having taken place until [772]*772April 5, 1928, the resolution of September 10, 1928, lacked statutory authority to sustain it. The defenses, therefore, are not sufficient in law. Lazansky, P. J., Young, Carswell, Scudder and Davis, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

233 A.D. 771, Counsel Stack Legal Research, https://law.counselstack.com/opinion/leary-v-village-of-lawrence-nyappdiv-1931.