People ex rel. Guaranty Trust Co. v. Miller

Appellate Division of the Supreme Court of New York

People ex rel. Guaranty Trust Co. v. Miller

253 A.D. 203, 1 N.Y.S.2d 692, 1938 N.Y. App. Div. LEXIS 8397

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

DecidedJanuary 28, 1938

StatusPublished

This text of 253 A.D. 203 (People ex rel. Guaranty Trust Co. v. Miller) 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.

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People ex rel. Guaranty Trust Co. v. Miller, 253 A.D. 203, 1 N.Y.S.2d 692, 1938 N.Y. App. Div. LEXIS 8397 (N.Y. Ct. App. 1938).

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Opinion

Per Curiam.

We are not satisfied on the present record with the finding of the referee that the improvement on the property is inadequate. It seems to us that a little more familiarity on the part of the experts with property in the neighborhood and the ordinary rules which are followed in a proceeding of this kind might be of better aid to the court in the fixation of value.

The order confirming the 1934 final real estate assessment, and dismissing the writ of certiorari, should be reversed, with twenty dollars costs and disbursements to the appellants to abide the event, and the matter remitted to Special Term for a new hearing.

Present — Martin, P. J., Glennon, Untermyer, Dore and Callahan, JJ.

Order unanimously reversed, with twenty dollars costs and disbursements to the appellants to abide the event, and the matter remitted to Special Term for a new hearing.

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Per Curiam.

We are not satisfied on the present record with the finding of the referee that the improvement on the property is inadequate. It seems to us that a little more familiarity on the part of the experts with property in the neighborhood and the ordinary rules which are followed in a proceeding of this kind might be of better aid to the court in the fixation of value.

The order confirming the 1934 final real estate assessment, and dismissing the writ of certiorari, should be reversed, with twenty dollars costs and disbursements to the appellants to abide the event, and the matter remitted to Special Term for a new hearing.

Present — Martin, P. J., Glennon, Untermyer, Dore and Callahan, JJ.

Order unanimously reversed, with twenty dollars costs and disbursements to the appellants to abide the event, and the matter remitted to Special Term for a new hearing.

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253 A.D. 203, 1 N.Y.S.2d 692, 1938 N.Y. App. Div. LEXIS 8397, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-ex-rel-guaranty-trust-co-v-miller-nyappdiv-1938.