Mallory v. Facer

Appellate Division of the Supreme Court of New York

Mallory v. Facer

85 N.Y.S. 1137

Appellate Division of the Supreme Court of the State of New York·Decided January 5, 1904·Published

Opinion

PER CURIAM.

Judgment and decision modified, by striking therefrom the direction to the [1138]*1138referee to make whatever apportionment is necessary upon the premises, based upon the last assessed valuation thereof by the town assessors, and leaving such apportionment to be based upon the value of said premises, to be ascertained by the referee, and, as so modified, affirmed, with costs of this appeal.

McLENNAN, P. j.,

votes for reversal of the judgment upon the ground that it should have directed that contribution be made by the defendants in inverse order of alienation.

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PER CURIAM.

Judgment and decision modified, by striking therefrom the direction to the [1138]*1138referee to make whatever apportionment is necessary upon the premises, based upon the last assessed valuation thereof by the town assessors, and leaving such apportionment to be based upon the value of said premises, to be ascertained by the referee, and, as so modified, affirmed, with costs of this appeal.

McLENNAN, P. j.,

votes for reversal of the judgment upon the ground that it should have directed that contribution be made by the defendants in inverse order of alienation.

Mallory v. Facer, 85 N.Y.S. 1137 (N.Y. Ct. App. 1904).

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85 N.Y.S. 1137 (Mallory v. Facer) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.