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People ex Rel. Arlene Apartments, Inc. v. Heidel

Appellate Division of the Supreme Court of New York, Fourth Department
Jan 5, 1939
256 App. Div. 885 (N.Y. App. Div. 1939)

Opinion

January 5, 1939.

Present — Sears, P.J., Crosby, Lewis, Cunningham and Taylor, JJ.


Order affirmed, with costs. Memorandum: Both sides are at fault in their methods of proving value of real estate; relator insisting that capitalized income is the only thing to be considered, and defendants relying on proof of cost of reconstruction less depreciation. Other things should be considered. ( Heiman v. Bishop, 272 N.Y. 83.) Relator has the burden of proving that the assessment was erroneous, and has, we think, failed in bearing that burden. ( People ex rel. Westchester Fire Ins. Co. v. Davenport, 91 N.Y. 574; People ex rel. Haile v. Brundage, 195 App. Div. 745.) All concur. (The order dismisses relator's writ of certiorari in a proceeding to review assessment upon certain property.)


Summaries of

People ex Rel. Arlene Apartments, Inc. v. Heidel

Appellate Division of the Supreme Court of New York, Fourth Department
Jan 5, 1939
256 App. Div. 885 (N.Y. App. Div. 1939)
Case details for

People ex Rel. Arlene Apartments, Inc. v. Heidel

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK ex rel. ARLENE APARTMENTS, INC.…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Jan 5, 1939

Citations

256 App. Div. 885 (N.Y. App. Div. 1939)

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