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PEOPLE EX REL. NEW YORK, O. & W. RY. CO. v. ROSENSHEIN

300 N.Y. 74 (1949)

The People of the State of New York ex rel. New York, Ontario and Western Railway Company, Respondent, v. Sam Rosenshein et al., as Assessors of The Town of Fallsburgh, Sullivan County, et al., Appellants.

Court of Appeals of the State of New York.

Decided December 1, 1949

Attorney(s) appearing for the Case

Lazarus I. Levine and Leo Salon for appellants.

Elbert N. Oakes for respondent.

LOUGHRAN, Ch. J., LEWIS, CONWAY, DESMOND, DYE, FULD and BROMLEY, JJ., concur.

Per Curiam.

In determining the value for assessment of the railroad's property within the town of Fallsburgh for the years 1936 through 1942, the trial court properly took into account the fact that the company's "net operating income" had been insufficient to meet fixed expenses during those years (see People ex rel. Delaware, L. & W. R. R. Co. v. Clapp, 152 N.Y. 490, 494; and People ex rel. Lehigh Valley...

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