Schmitt v. County of Nassau

Appellate Division of the Supreme Court of New York

Schmitt v. County of Nassau

281 A.D. 1032, 121 N.Y.S.2d 273, 1953 N.Y. App. Div. LEXIS 4229

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

DecidedMay 4, 1953

StatusPublished

This text of 281 A.D. 1032 (Schmitt v. County of Nassau) 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

Schmitt v. County of Nassau, 281 A.D. 1032, 121 N.Y.S.2d 273, 1953 N.Y. App. Div. LEXIS 4229 (N.Y. Ct. App. 1953).

Pincite

Opinion

In an action by the owner of real property to recover a payment of taxes made under protest by him to discharge a tax lien on his property for the years 1939 and 1940, on the ground that the tax was illegal in that it was a second or double assessment, defendants’ motion to dismiss the complaint, as amended, on the ground that it fails to state a cause of action was denied. Order affirmed, with $10 costs and disbursements. Defendants’ time to answer is extended until ten days after the entry of the order hereon. No opinion. Adel, Acting P. J., Wenzel, MacCrate, Schmidt and Beldock, JJ., concur.

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In an action by the owner of real property to recover a payment of taxes made under protest by him to discharge a tax lien on his property for the years 1939 and 1940, on the ground that the tax was illegal in that it was a second or double assessment, defendants’ motion to dismiss the complaint, as amended, on the ground that it fails to state a cause of action was denied. Order affirmed, with $10 costs and disbursements. Defendants’ time to answer is extended until ten days after the entry of the order hereon. No opinion. Adel, Acting P. J., Wenzel, MacCrate, Schmidt and Beldock, JJ., concur.

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Bluebook (online)

281 A.D. 1032, 121 N.Y.S.2d 273, 1953 N.Y. App. Div. LEXIS 4229, Counsel Stack Legal Research, https://law.counselstack.com/opinion/schmitt-v-county-of-nassau-nyappdiv-1953.