103 N.Y.S. 975 | N.Y. App. Div. | 1907
The scheme of the statute for the taxation of special franchises (incorporated in the. Tax Law) is that they are assessed at their value without any diminution for any local public charges thereon, and that such charges are tó be deducted from the tax when levied.
The relator runs its cars across the Brooklyn bridge under an agreement with the city'requiring it to pay .a toll of 5.cents the round trip for each car. This payment is within the meaning of . the statute, provided the relator’s contract right to such use of the bridge is a special franchise. Inasmuch as the State has treated it . as such and assessed it, it is not open to the city compIroU'er to refuse ■ to make- the deduction on the ground that it is' not. If the tax is to be imposed and collected the deduction must be allowed.
The order should be modified accordingly.
Hieschbeeg, ■ P. J.,. Woodward,. Jenrs and. Hooker, JJ., concurred. ■ .
Order modified in accordance with the opinion of' Gaynor, J.,. and as modified affirmed, without costs: