Janoff v. Taft Holding Corp.

Appellate Division of the Supreme Court of New York

Janoff v. Taft Holding Corp.

264 A.D. 784, 34 N.Y.S.2d 961, 1942 N.Y. App. Div. LEXIS 4724

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

DecidedMay 18, 1942

StatusPublished

This text of 264 A.D. 784 (Janoff v. Taft Holding Corp.) 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

Janoff v. Taft Holding Corp., 264 A.D. 784, 34 N.Y.S.2d 961, 1942 N.Y. App. Div. LEXIS 4724 (N.Y. Ct. App. 1942).

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Opinion

In an action to foreclose a tax lien, the answer of the appellant-owner denied the allegation of the complaint that the notice to redeem, required by the statute to be served, was served. The action was tried in the County Court of Nassau County and judgment of foreclosure was entered in favor of the plaintiff. The owner appeals. Judgment of the County Court of Nassau County reversed on the facts and a new trial ordered, with costs to abide the event. The statute (Charter of the City of Long Beach, Laws of 1933, chap. 594) provides that service by mail is good service and that mailing may be evidenced by the postmaster’s receipt. The proof here does not show what, if anything, was contained in the registered mail, the delivery of which was proved by the postmaster’s receipts in evidence. For the purposes of a new trial all findings of fact and conclusions of law are reversed. Lazansky, P. J., Hagarty, Johnston, Adel and Close,.JJ., concur.

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In an action to foreclose a tax lien, the answer of the appellant-owner denied the allegation of the complaint that the notice to redeem, required by the statute to be served, was served. The action was tried in the County Court of Nassau County and judgment of foreclosure was entered in favor of the plaintiff. The owner appeals. Judgment of the County Court of Nassau County reversed on the facts and a new trial ordered, with costs to abide the event. The statute (Charter of the City of Long Beach, Laws of 1933, chap. 594) provides that service by mail is good service and that mailing may be evidenced by the postmaster’s receipt. The proof here does not show what, if anything, was contained in the registered mail, the delivery of which was proved by the postmaster’s receipts in evidence. For the purposes of a new trial all findings of fact and conclusions of law are reversed. Lazansky, P. J., Hagarty, Johnston, Adel and Close,.JJ., concur.

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Bluebook (online)

264 A.D. 784, 34 N.Y.S.2d 961, 1942 N.Y. App. Div. LEXIS 4724, Counsel Stack Legal Research, https://law.counselstack.com/opinion/janoff-v-taft-holding-corp-nyappdiv-1942.