Tax

Gamble Brothers, Inc., Appellant, v. City of Jamestown and Oscar W. Nordstrom, as Treasurer of the City of Jamestown, Respondents, and William J. Bryant and Others, Defendants

264 A.D. 946·New York Supreme Court, Appellate Division·1942·NY

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Opinion

Gamble Brothers, Inc., Appellant, v. City of Jamestown and Oscar W. Nordstrom, as Treasurer of the City of Jamestown, Respondents, and William J. Bryant and Others, Defendants. [MAJORITY] Judgment, so far as appealed from, modified by deducting therefrom the following amounts: $.05, error in computation, and $88.02 erroneously allowed as penalty on a void sale, and as so modified affirméd, with, costs to the respondents. All concur. (The portion of the judgment appealed from determines that the city of Jamestown had a tax lien against the mortgaged premises superior to the lien of plaintiff’s mortgage in a mortgage foreclosure action.) Present — Cunningham, Taylor, Dowling, Harris and MeCurn, JJ.