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County of Herkimer v. Village of Herkimer

Court of Appeals of the State of New York
Jan 17, 1939
18 N.E.2d 854 (N.Y. 1939)

Opinion

Argued December 7, 1938

Decided January 17, 1939

Appeal from the Supreme Court, Appellate Division, Fourth Department.

Chester J. Winslow, County Attorney ( Warnick J. Kernan of counsel), for appellant.

Francis J. Moore for respondents.



Property purchased by a county at a tax sale held pursuant to the provisions of articles 6 and 7 of the Tax Law (Cons. Laws, ch. 60) is not property "held for a public use" within the meaning of section 4 (subd. 3) of the Tax Law. Section 50, subdivision 2, of the Tax Law, by its terms, applies only to the assessment rolls of "tax districts." As defined by the statute, "tax districts" do not include incorporated villages. We read the statute as it is written.

The judgment should be affirmed, without costs.

CRANE, Ch. J., LEHMAN, HUBBS, LOUGHRAN, FINCH and RIPPEY, JJ., concur; O'BRIEN, J., taking no part.

Judgment affirmed.


Summaries of

County of Herkimer v. Village of Herkimer

Court of Appeals of the State of New York
Jan 17, 1939
18 N.E.2d 854 (N.Y. 1939)
Case details for

County of Herkimer v. Village of Herkimer

Case Details

Full title:COUNTY OF HERKIMER, Appellant, v. VILLAGE OF HERKIMER et al., Respondents

Court:Court of Appeals of the State of New York

Date published: Jan 17, 1939

Citations

18 N.E.2d 854 (N.Y. 1939)
18 N.E.2d 854

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