People ex rel. Karsch v. Miller

Appellate Division of the Supreme Court of New York

People ex rel. Karsch v. Miller

256 A.D. 899, 9 N.Y.S.2d 532

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

DecidedFebruary 3, 1939

StatusPublished

This text of 256 A.D. 899 (People ex rel. Karsch 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. Karsch v. Miller, 256 A.D. 899, 9 N.Y.S.2d 532 (N.Y. Ct. App. 1939).

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Opinion

Per Curiam.

The evidence presented by petitioner was at least sufficient to overcome the presumption of the correctness of the assessment. The defendants presented no proof to the contrary, except an appraisal which was clearly hearsay and improperly received in evidence. Under the circumstances, it was error for Special Tern to determine that the buildings on the property involved were obso[900]*900lete and not an adequate improvement, or that overvaluation had not been established in the case, and to uphold the assessment on such grounds.

The order appealed from should be reversed, with twenty dollars costs and disbursements to the appellant, and a new trial of the issues directed to be had at Special Term.

Present — Martin, P. J., O’Malley, Townley, Cohn and Callahan, JJ.

Order unanimously reversed, with twenty dollars costs and disbursements to the appellant, and a new trial of the issues directed to be had at Special Term. Settle order on notice.

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Per Curiam.

The evidence presented by petitioner was at least sufficient to overcome the presumption of the correctness of the assessment. The defendants presented no proof to the contrary, except an appraisal which was clearly hearsay and improperly received in evidence. Under the circumstances, it was error for Special Tern to determine that the buildings on the property involved were obso[900]*900lete and not an adequate improvement, or that overvaluation had not been established in the case, and to uphold the assessment on such grounds.

The order appealed from should be reversed, with twenty dollars costs and disbursements to the appellant, and a new trial of the issues directed to be had at Special Term.

Present — Martin, P. J., O’Malley, Townley, Cohn and Callahan, JJ.

Order unanimously reversed, with twenty dollars costs and disbursements to the appellant, and a new trial of the issues directed to be had at Special Term. Settle order on notice.

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256 A.D. 899, 9 N.Y.S.2d 532, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-ex-rel-karsch-v-miller-nyappdiv-1939.