Stone Liberty Realty Corp. v. Binghamton Savings Bank

Appellate Division of the Supreme Court of New York

Stone Liberty Realty Corp. v. Binghamton Savings Bank

254 A.D. 907, 6 N.Y.S.2d 509, 1938 N.Y. App. Div. LEXIS 8259

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

DecidedJune 24, 1938

StatusPublished

This text of 254 A.D. 907 (Stone Liberty Realty Corp. v. Binghamton Savings Bank) 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

Stone Liberty Realty Corp. v. Binghamton Savings Bank, 254 A.D. 907, 6 N.Y.S.2d 509, 1938 N.Y. App. Div. LEXIS 8259 (N.Y. Ct. App. 1938).

Pincite

Opinion

Action to establish and foreclose an equitable lien where plaintiff had mistakenly paid taxes on property to which it had no claim or interest. Judgment in favor of the defendant and dismissing the complaint on the merits reversed on the law and the facts, with costs, and judgment directed for the plaintiff, with costs. On the prior appeal (249 App. Div. 789) we held that plaintiff made out a prima facie case. The defendant did not plead a defense of prejudice. Assuming, however, that it did sufficiently plead such a defense, there is no proof of prejudice. Findings of fact and conclusions of law inconsistent herewith are reversed and new findings and conclusions will be made. Lazansky, P. J., Hagarty, Carswell, Johnston and Taylor, JJ., concur. Settle order on notice.

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Action to establish and foreclose an equitable lien where plaintiff had mistakenly paid taxes on property to which it had no claim or interest. Judgment in favor of the defendant and dismissing the complaint on the merits reversed on the law and the facts, with costs, and judgment directed for the plaintiff, with costs. On the prior appeal (249 App. Div. 789) we held that plaintiff made out a prima facie case. The defendant did not plead a defense of prejudice. Assuming, however, that it did sufficiently plead such a defense, there is no proof of prejudice. Findings of fact and conclusions of law inconsistent herewith are reversed and new findings and conclusions will be made. Lazansky, P. J., Hagarty, Carswell, Johnston and Taylor, JJ., concur. Settle order on notice.

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Bluebook (online)

254 A.D. 907, 6 N.Y.S.2d 509, 1938 N.Y. App. Div. LEXIS 8259, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stone-liberty-realty-corp-v-binghamton-savings-bank-nyappdiv-1938.