E. P. Lawson Co. v. Browne

Appellate Division of the Supreme Court of New York

E. P. Lawson Co. v. Browne

266 A.D. 183, 41 N.Y.S.2d 804, 1943 N.Y. App. Div. LEXIS 3517

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

DecidedMay 21, 1943

StatusPublished

Cited by2 cases

This text of 266 A.D. 183 (E. P. Lawson Co. v. Browne) 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

E. P. Lawson Co. v. Browne, 266 A.D. 183, 41 N.Y.S.2d 804, 1943 N.Y. App. Div. LEXIS 3517 (N.Y. Ct. App. 1943).

Pincite

Opinion

Per Curiam.

The action is for a declaratory judgment by a resident of New York County asking construction of Tax Law, section 214-a, and only in connection with final relief, for an order restraining defendants from levying the tax. Civil Practice Act, section 879, was not relied on in the notice of motion and it has no application as it relates to temporary and not final injunctions incidental to other relief as to which the Supreme Court has inherent power. The action is not one against a public officer for an official act or omission within the meaning of subdivision 2 of section 184 of the Civil Practice Act. The transactions took place in the county of New York. Considered as a motion under section 187 of the Civil Practice Act the motion should be denied as the moving papers fail to set forth the names of the witnesses or the relevancy of their testimony.

The order appealed from should be reversed, with twenty dollars costs and disbursements, and the motion in all respects denied.

Martin, P. J., Dore and Caldahan, JJ., concur; Townley and Untermyer, JJ., dissent and vote to affirm.

Order reversed, with twenty dollars costs and disbursements, and motion denied.

Free access — add to your briefcase to read the full text and ask questions with AI

Per Curiam.

The action is for a declaratory judgment by a resident of New York County asking construction of Tax Law, section 214-a, and only in connection with final relief, for an order restraining defendants from levying the tax. Civil Practice Act, section 879, was not relied on in the notice of motion and it has no application as it relates to temporary and not final injunctions incidental to other relief as to which the Supreme Court has inherent power. The action is not one against a public officer for an official act or omission within the meaning of subdivision 2 of section 184 of the Civil Practice Act. The transactions took place in the county of New York. Considered as a motion under section 187 of the Civil Practice Act the motion should be denied as the moving papers fail to set forth the names of the witnesses or the relevancy of their testimony.

The order appealed from should be reversed, with twenty dollars costs and disbursements, and the motion in all respects denied.

Martin, P. J., Dore and Caldahan, JJ., concur; Townley and Untermyer, JJ., dissent and vote to affirm.

Order reversed, with twenty dollars costs and disbursements, and motion denied.

Cite This Page — Counsel Stack

Bluebook (online)

266 A.D. 183, 41 N.Y.S.2d 804, 1943 N.Y. App. Div. LEXIS 3517, Counsel Stack Legal Research, https://law.counselstack.com/opinion/e-p-lawson-co-v-browne-nyappdiv-1943.

Opinion

Related

Cite This Page — Counsel Stack