Autokefalos Orthodox Spiritual Church of St. George Tropeopheros v. City of Mount Vernon

In an action to cancel taxes and tax liens on plaintiffs’ property, allegedly exempt from taxation by reason of the provisions of subdivision 6 of section 4 of the Tax Law, plaintiffs appeal from an order denying their motion to strike out the two affirmative defenses in the answer. The first defense pleads noncompliance with section 232 of the Charter of the City of Mount Vernon (L. 1922, ch. 490, as amd.); the second defense alleges laches. Order reversed, with $10 costs and disbursements, and motion granted, without costs. Weighing the defenses in the light of the allegations of the…