Edward J. Moberg Co. v. Mohr — 236 N.Y. 553

Majority

p. 553

Edward J. Moberg Company, Inc., Respondent, v. Charles Mohr, Jr., Appellant. Rablo Construction Company, Inc., Respondent, v. Charles Marek et al., Appellants. Potter Avenue Realty Corporation, Respondent, v. Benjamin Burg, Appellant.

Headnote

Constitutional law — statutes exempting certain classes of buildings erected in the city of New York from taxation for a period of years valid.

Moberg Co. v. Mohr, 204 App. Div. 710 , affirmed.

Rablo Construction Co. v. Marek, 204 App. Div. 710 , affirmed.

Potter Ave. Realty Corp. v. Burg, 204 App. Div. 710 , affirmed.

(Argued April 30, 1923;

decided May 11, 1923.)

Appeal, in each of the above-entitled actions, from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered April 7, 1923, in favor of plaintiff upon the submission of a controversy under section 546 of the Civil Practice Act. The judgment in each case directed specific performance of a contract for the purchase of real property and adjudged that chapter 949 of the Laws of 1920 and chapter 444 of the Laws of 1921, exempting from taxation for ten years the buildings on said premises, were constitutional and valid.

James F. Donnelly and John Kadel for Charles Mohr, Jr., appellant.

p. 554

Max Sheinert for Charles March et al., appellants.

George P. Nicholson, Corporation Counsel (William H. King and Isaac Phillips of counsel), for City of New York.

Louis Marshall, Samuel Untermyer and Charles C. Lockwood for respondents.

Judgments affirmed,- without costs; no opinion.

Concur: Hiscock, Ch. J., Hogan, Cardozo, Pound, McLaughlin and Crane, JJ. Absent: Andrews, J.