208-234 FALLS ST. v. N. Y. CENT. R. R. CO.


21 N.Y.2d 172 (1967)

208-234 Falls Street, Inc., Appellant, v. New York Central Railroad Company, Respondent.

Court of Appeals of the State of New York.

Decided December 28, 1967.


Attorney(s) appearing for the Case

Robert L. Rice, Jr., for appellant.

Donald G. McGrath for respondent.

Judges BURKE, SCILEPPI, BERGAN and KEATING concur with Judge VAN VOORHIS; Judge BREITEL dissents and votes to affirm in a separate opinion in which Chief Judge FULD concurs.


VAN VOORHIS, J.

This controversy arises over how much in real estate taxes plaintiff was obligated to pay to defendant for the tax years 1955 through 1959 on a leased parcel of land on Falls Street in the City of Niagara Falls. This real property rented by plaintiff from defendant consisted of 19% of the land area of a parcel of 36,960 square feet owned by defendant abutting on the south 280 feet on Falls Street...

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