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Matter of Western Electric Co. v. Taylor

12 N.E.2d 309, 276 N.Y. 309, 1938 N.Y. LEXIS 1190
New York Court of Appeals·Decided January 11, 1938·Published·Cited by 12 cases

Opinion

Per Curiam.

We agree with the courts below that the language of the enabling act impliedly authorized the city to impose the requirement of the deposit of the disputed tax and the posting of a bond as a condition of judicial review of the action of the local taxing authorities. We are also of opinion that the statute does not violate the provisions of the Constitution of the State invoked by the appellant.

The order should be affirmed, with costs.

Crane, Ch. J., O’Brien, Loughran, Finch and Rippey, JJ., concur; Lehman and Hubbs, JJ., dissent on the ground that under the enabling act such power was not conferred upon the city.

Order affirmed.

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Matter of Western Electric Co. v. Taylor, 12 N.E.2d 309, 276 N.Y. 309, 1938 N.Y. LEXIS 1190 (N.Y. 1938).

12 N.E.2d 309 (Matter of Western Electric Co. v. Taylor) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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