Shepard v. Kusch
New York Supreme Court
Action by one Shepard against one Kusch. Plaintiff’s motion for reargument after judgment for the defendant (151 N. Y. Supp. 436) denied, and defendant’s motion for leave to amend his answer granted.
1Opinion of the CourtCrane, J.
[1] This action, brought under article 5, tit. 1, c. 14, of the Code of Civil Procedure, is strictly statutory. No such action was maintainable at common law. Vanderveer Crossings v. Rapalje, 133 App. Div. 203, 117 N. Y. Supp. 485; Lewis v. Howe, 174 N. Y. 340, 66 N. E. 975, 1101. By this action plaintiff seeks to have certain tax sales declared void, and the burden rests upon him to show that he has complied with sections 131 and 132 of the Tax Law, and by seeking relief within the time therein specified. This being a purely statutory action, the time limitations stated in the Tax Law are a…
2Cases cited8 opinions
- Johnson v. . Phoenix Bridge Co.New York Court of Appeals · 1910
- Lewis v. . HoweNew York Court of Appeals · 1903
- Watertown National Bank of Watertown v. BagleyAppellate Division of the Supreme Court of the State of New York · 1909
- Vanderveer Crossings v. RapaljeAppellate Division of the Supreme Court of the State of New York · 1909
- Colell v. Delaware, Lackawanna & Western RailroadAppellate Division of the Supreme Court of the State of New York · 1903
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