City of Long Beach v. Guaranty Trust Co.

Appellate Division of the Supreme Court of New York

City of Long Beach v. Guaranty Trust Co.

264 A.D. 731, 34 N.Y.S.2d 295, 1942 N.Y. App. Div. LEXIS 4416

CourtAppellate Division of the Supreme Court of the State of New York

DecidedApril 20, 1942

StatusPublished

Cited by1 cases

This text of 264 A.D. 731 (City of Long Beach v. Guaranty Trust Co.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

City of Long Beach v. Guaranty Trust Co., 264 A.D. 731, 34 N.Y.S.2d 295, 1942 N.Y. App. Div. LEXIS 4416 (N.Y. Ct. App. 1942).

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Opinion

Action to recover unpaid taxes as a personal liability of a nonresident owner of real property in the tax district of the city of Long Beach. Order granting defendant’s motion for summary judgment under rule 113 of the Rides of Civil Practice, and judgment entered pursuant thereto unanimously affirmed, with ten dollars costs and disbursements. Section 71 of the Tax Law is not inconsistent with section 111 of the charter of the city of Long Beach. The latter merely prescribes procedure in actions of this type and the former states the controlling substantive law. Under section 71 of the Tax Law no personal liability is imposed upon a non-resident owner of real property of a tax district for unpaid taxes. {Village of Massapequa Park v. M. P. V. Sites, 278 N. Y. 28.) Present — Lazansky, P. J., Hagarty, Carswell, Johnston and Taylor, JJ.

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Action to recover unpaid taxes as a personal liability of a nonresident owner of real property in the tax district of the city of Long Beach. Order granting defendant’s motion for summary judgment under rule 113 of the Rides of Civil Practice, and judgment entered pursuant thereto unanimously affirmed, with ten dollars costs and disbursements. Section 71 of the Tax Law is not inconsistent with section 111 of the charter of the city of Long Beach. The latter merely prescribes procedure in actions of this type and the former states the controlling substantive law. Under section 71 of the Tax Law no personal liability is imposed upon a non-resident owner of real property of a tax district for unpaid taxes. {Village of Massapequa Park v. M. P. V. Sites, 278 N. Y. 28.) Present — Lazansky, P. J., Hagarty, Carswell, Johnston and Taylor, JJ.

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264 A.D. 731, 34 N.Y.S.2d 295, 1942 N.Y. App. Div. LEXIS 4416, Counsel Stack Legal Research, https://law.counselstack.com/opinion/city-of-long-beach-v-guaranty-trust-co-nyappdiv-1942.

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