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People ex Rel. Durham Realty Corporation v. Cantor

Court of Appeals of the State of New York
Jul 12, 1922
234 N.Y. 507 (N.Y. 1922)

Summary

In People ex rel. Durham Realty Corp. v. Cantor (234 N.Y. 507, revg. 201 App. Div. 834) the property on the taxable date was owned by James B. Duke, an individual, but the proceeding, as here, was brought in the name of a corporation, Durham Realty Corporation, not the true owner.

Summary of this case from People ex Rel. Luxemburg Realty Corp. v. Miller

Opinion

Argued June 1, 1922

Decided July 12, 1922

E. Crosby Kindleberger and Arthur O. Townsend for appellant.

John P. O'Brien, Corporation Counsel ( William H. King and R.M. de Acosta of counsel), for respondents.


Orders reversed and application granted, with costs in all courts, and question certified answered in the affirmative on dissenting opinion of CLARKE, P.J., below.

Concur: CARDOZO, POUND, CRANE and ANDREWS, JJ. Dissenting: HISCOCK, Ch. J., HOGAN and McLAUGHLIN, JJ.


Summaries of

People ex Rel. Durham Realty Corporation v. Cantor

Court of Appeals of the State of New York
Jul 12, 1922
234 N.Y. 507 (N.Y. 1922)

In People ex rel. Durham Realty Corp. v. Cantor (234 N.Y. 507, revg. 201 App. Div. 834) the property on the taxable date was owned by James B. Duke, an individual, but the proceeding, as here, was brought in the name of a corporation, Durham Realty Corporation, not the true owner.

Summary of this case from People ex Rel. Luxemburg Realty Corp. v. Miller

In People ex rel. Durham Realty Corp. v. Cantor (234 N.Y. 507, revg. 201 App. Div. 834), the liberal provisions of statutes regarding errors were invoked to permit substitution of correct name of petitioner in a tax review matter where such error was caused by inadvertence and no substantial rights were prejudiced, in which matter the petition, by statute, was required to be signed and verified only by the party aggrieved.

Summary of this case from Valenza v. State of New York
Case details for

People ex Rel. Durham Realty Corporation v. Cantor

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK ex rel. DURHAM REALTY CORPORATION…

Court:Court of Appeals of the State of New York

Date published: Jul 12, 1922

Citations

234 N.Y. 507 (N.Y. 1922)

Citing Cases

Valenza v. State of New York

Verification herein is incomplete — not defective. In People ex rel. Durham Realty Corp. v. Cantor ( 234 N.Y.…

People ex Rel. Luxemburg Realty Corp. v. Miller

Under the circumstances the applications and the petitions were not made by a party having the legal right to…