Legal Opinion

Town of Harrison v. Campagna

New York Supreme Court

Decided April 13, 1948PublishedCited by 6 opinions

1Opinion of the CourtSchmidt, J.

This is a motion for an order dismissing so much of the first and second causes of action of the complaint herein wherein it is alleged that an in rem tax lien foreclosure completed by the plaintiff wiped out and cancelled restrictive covenants of record, on the ground that it appears on the face of the complaint that it does not state facts sufficient to constitute a cause of action as a matter of law. The motion is made by three persons owning property in the subdivision covered by the restrictions but not affected by the tax foreclosed.

From the papers submitted on this motion it appears…

2Cases cited5 opinions

  1. Tax Lien Co. v. . SchultzeNew York Court of Appeals · 1914
  2. Jackson v. SmithAppellate Division of the Supreme Court of the State of New York · 1912
  3. Jackson v. . SmithNew York Court of Appeals · 1914
  4. Schwab v. Whitmore, Rauber & Vicinus Co.Appellate Division of the Supreme Court of the State of New York · 1935
  5. Tax Lien Co. v. SchultzeAppellate Division of the Supreme Court of the State of New York · 1914

3Cited by6 opinions

  1. City of Olympia v. PalzerWashington Supreme Court · 1986
  2. Loening v. Red Spring Land Co.New York Supreme Court · 1949
  3. Town of Harrison v. CampagnaAppellate Division of the Supreme Court of the State of New York · 1948
  4. Gerbig v. ZumpanoNew York Supreme Court · 1958
  5. Belott v. StateNew York Court of Claims · 1965

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