¶1Judgment and order reversed on the law, with costs to the appellant to abide the event, on the ground that an issue of fact was presented by the pleadings as to whether a demand had been made for the payment of taxes. Section 1077-e of the Civil Practice Act in respect to the payment of costs has no application. The constitutionality of the law is established by the reasoning in Home Building & Loan Assn. v. Blaisdell (290 U. S. 398), decided January 8, 1934, and Matter of People (Title & Mortgage Guarantee Co.) (264 N. Y. 69), decided March 20, 1934, opinion by Lehman, J. All concur.
241 A.D. 907
Shay v. Odell
Appellate Division of the Supreme Court of the State of New York
Decided May 15, 1934
Appellate Division of the Supreme Court of the State of New York · decided 1934-05-15
Cited by 1 later decisions — most recently September 2014
1 state decisions
Relies on Home Building & Loan Ass'n v. Blaisdell · Matter of People (Tit. Mtge. Guar. Co.)
Good law ✅— No negative treatment on recordhow we know
Decided 1934-05-15
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