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MATTER OF ST. LUKE'S HOSP. v. BOYLAND

12 N.Y.2d 135 (1962)

In the Matter of St. Luke's Hospital, Appellant, v. William E. Boyland et al., Constituting the Tax Commission of the City of New York, Respondents.

Court of Appeals of the State of New York.

Decided December 31, 1962.

Attorney(s) appearing for the Case

Robert M. Peers, James A. Dougherty and Robert M. McCulloch, Jr., for appellant.

Leo A. Larkin, Corporation Counsel (Edith I. Spivak and Edward J. McLaughlin of counsel), for respondents.

Emanuel Hayt and Jerome Z. Ginsburg for the Hospital Association of New York State and another, amici curiæ.

Roy M. D. Richardson and Thomas R. Moore for Memorial Hospital for Cancer and Allied Diseases, amicus curiæ.

Edward K. Bachman and William S. Keating for the Society of the New York Hospital, amicus curiæ.

Chief Judge DESMOND and Judges DYE, FULD, FROESSEL, BURKE and FOSTER concur.

VAN VOORHIS, J.

At the tax status dates for the two years in question, subdivision 6 of section 4 of the Tax Law then in force — carried forward, in substance, by subdivisions 1, 2 and 5 of section 420 of the present Real Property Tax Law — totally exempted from real estate taxation buildings "owned and actually used for hospital purposes, by a free public hospital, depending for maintenance and...

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