Adrico Realty Corporation, Appellant v. City of New York, Respondent

Summary

The New York Court of Appeals reversed the Appellate Division and ordered a new trial, holding that the trial court erred in deciding the validity of the assessment as a matter of law and that a payment made to avoid a lien and penalties is not a voluntary payment when the assessment may be void. The Court emphasized that the question of whether the assessment under section 391 of the City Charter was illegal is a factual issue for trial.