Altman v. Bungay Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The .Bungay Company of New York, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 2d day of December, 1913, striking out appellant’s answer as frivolous and granting plaintiff’s motion for judgment on the pleadings.
1Opinion of the Court
Scott, J.:
This is an action to foreclose a tax lien under the provisions of chapter 17, title 5, of the Greater New York charter (Laws of 1901. chap. 466, as amd. by Laws of 1908, chap. 490, and Laws of 1911, chap. 65). By the terms of section 1035 of the charter, as added in 1908 and amended in 1911, such an action is to be “regulated by the provisions of the Code of Civil Procedure and by all other provisions of law and rules of practice applicable to actions to foreclose mortgages on real property, ” except as otherwise especially provided in said title. The exceptions are of minor…
2Cases cited5 opinions
- McKyring v. . BullNew York Court of Appeals · 1857
- Knapp v. . RocheNew York Court of Appeals · 1884
- Allen v. . PattersonNew York Court of Appeals · 1852
- Kirschbaum v. . EschmannNew York Court of Appeals · 1912
- Gruenstein v. JablonskyAppellate Division of the Supreme Court of the State of New York · 1896
3Cited by1 opinion
- In re the Estate of PennaNew York Surrogate's Court · 1936