Moss Estate, Inc. v. Town of Ossining

Appellate Division of the Supreme Court of New York

Moss Estate, Inc. v. Town of Ossining

243 A.D. 633

Appellate Division of the Supreme Court of the State of New York·Decided January 15, 1935·Published·Cited by 1 cases

Opinion

Upon the agreed statements of facts, judgment is unanimously directed for the defendant, dismissing plaintiff’s claim for the recovery of a certain tax paid by it under protest, without costs. In our opinion, the inclusion by the town board of the town of Ossining of the certificates of indebtedness, issued against uncollected taxes, was authorized by section 112 of the Town Law, subdivision 2, paragraph (b), and the statutes involved in this controversy are constitutional. Present — Lazansky, P. J., Young, Hagarty, Carswell and Tompkins, JJ.

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Upon the agreed statements of facts, judgment is unanimously directed for the defendant, dismissing plaintiff’s claim for the recovery of a certain tax paid by it under protest, without costs. In our opinion, the inclusion by the town board of the town of Ossining of the certificates of indebtedness, issued against uncollected taxes, was authorized by section 112 of the Town Law, subdivision 2, paragraph (b), and the statutes involved in this controversy are constitutional. Present — Lazansky, P. J., Young, Hagarty, Carswell and Tompkins, JJ.

Moss Estate, Inc. v. Town of Ossining, 243 A.D. 633 (N.Y. Ct. App. 1935).

Pincite

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Opinion

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