Brooklyn Pub. Library v. City of New York
| Decision Date | 16 April 1929 |
| Parties | BROOKLYN PUBLIC LIBRARY v. CITY OF NEW YORK. |
| Court | New York Court of Appeals Court of Appeals |
OPINION TEXT STARTS HERE
Action by the Brooklyn Public Library against the City of New York. From a judgment entered January 31, 1928, upon an order of the Appellate Division of the Supreme Court in the Second Judicial Department (222 App. Div. 422, 226 N. Y. S. 491), reversing a judgment in favor of plaintiff, entered on a directed verdict on a trial at Trial Term, plaintiff appeals.
Affirmed.
Appeal from Supreme Court, Appellate Division, Second department.
Meier Steinbrink and Harold M. Kennedy, both of Brooklyn, for appellant.
George P. Nicholson, Corp. Counsel, of New York City (Elliot S. Benedict and J. Joseph Lilly, both of New York City, of counsel), for respondent.
Prior to 1901 Andrew Carnegie offered to give to the city of New York $5,000,000 for the purpose of erecting branch circulating public libraries upon condition that the city should furnish the sites. As a result of that offer, chapter 580 of the Laws of 1901 was enacted. It authorized the city, through its board of estimate and apportionment, to enter into contracts with Mr. Carnegie or his representatives for the building and maintenance of new libraries and for the maintenance of existing libraries. There existed in the borough of Brooklyn two library corporations, the ‘Brooklyn Library’ and the ‘Public Library,’ which it was deemed expedient to consolidate under one management. In pursuance of such purpose, chapter 606 of the Laws of 1902 was enacted, and amended by chapter 500 of the Laws of 1903. The statute incorporated the ‘Brooklyn Public Library,’ which corporation took over the property of the other two libraries, and the direction and control thereof. It was authorized to make contracts with the city for the construction and maintenance of public libraries, and the city was empowered to contract with the Brooklyn Public Library for the maintenance of the free public library system in the borough of Brooklyn. The expense of maintenance, by the statute, was made a city charge, to be included in the annual budget and tax levy of the city.
Acting under the authority conferred by said statute, the city and the Brooklyn Public Library entered into the contract which is the basis of this action. It was dated June 5, 1903. It recites that it was entered into for the purpose of making the library property of the Brooklyn Library, a private corporation, a part of the free public library system of the city of New York, and that for such purpose the Brooklyn Library, a private corporation, would transfer to the new corporation, Brooklyn Public Library, its library property upon certain conditions. The property so to be transferred by the Brooklyn Library was estimated to be worth $850,000. It also recites that the Brooklyn Library would transfer certain real property adjacent to its main library building, and used in connection with it. At the time there were mortgages amounting to $120,000 upon one parcel, which property was at the time in part rented to tenants, and the contract so states.
By said contract the Brooklyn Public Library agreed to administer all free public libraries in the borough of Brooklyn, including the Brooklyn Library so acquired. The city agreed ‘that, in addition to the amount it is obligated to pay and appropriate under the agreement of September 11, 1901, above referred to, and pursuant to the provisions of the act, chapter 580, Laws of 1901, it will appropriate and pay for the maintenance and support of said Brooklyn Public Library such sums as may be requisite for the proper maintenance of the libraries theretofore under the administration of the board of directors of the Brooklyn Public Library, and of the corporation ‘Brooklyn Library’ above mentioned, such amounts to constitute a city charge, and to be provided for in the annual budget and tax levy of the city.'
The contract also provides: ‘It is understood that any taxes and assessments upon any of the property of said Brooklyn Public Library, insurance charges, interest upon mortgages above recited and reasonable cost of repairs are to be regarded as part of the cost of maintenance and of the said free library system.’
It thus appears that the city in and by said contract agreed to pay for the maintenance and support of the Brooklyn Public Library such sums as might be requisite for the proper maintenance of the libraries, and that the interest on said $120,000 mortgages and the cost of insurance on buildings should be deemed part of the cost of maintenance.
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