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RIVERDALE COUNTRY SCH. v. CITY OF N. Y.

13 A.D.2d 103 (1961)

Riverdale Country School, Inc., Respondent-Appellant, v. City of New York, Appellant-Respondent

Appellate Division of the Supreme Court of the State of New York, First Department.

April 18, 1961.

Attorney(s) appearing for the Case

Daniel L. Cammarano of counsel (Edward J. McLaughlin with him on the brief; Charles H. Tenney, Corporation Counsel), for appellant-respondent.

John L. Diamond for respondent-appellant.

STEVENS, EAGER and BASTOW, JJ., concur with STEUER, J.; McNALLY, J. P., concurs in part and dissents in part in the following memorandum.

STEUER, J.

Plaintiff conducts a school in Bronx County. In 1925 it made application for tax exemption on all its real property. Exemption was granted except for two lots, the subject of this action, and another lot used for tennis courts. The two lots in question were used for faculty residences. Final decision on the application was not reached until January, 1929, and shortly thereafter plaintiff paid all arrears...

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