From Casetext: Smarter Legal Research

Seafire, Incorporated v. Ackerson

Court of Appeals of the State of New York
Mar 8, 1951
98 N.E.2d 478 (N.Y. 1951)

Opinion

Argued January 2, 1951

Decided March 8, 1951

Appeal from the Supreme Court, Appellate Division, Second Department, SWEZEY, J.

Eugene A. Sherpick, Edgar F. Hazelton and Richard T. Davis for Suffolk County and another, appellants.

Guy O. Walser and Howard J. Grace for H. Ward Ackerson and others, appellants.

Kenneth W. Greenawalt and Charles E. Lapp, Jr., for respondent.


Judgment affirmed, with costs; no opinion.

Concur: LOUGHRAN Ch. J., LEWIS, CONWAY, DYE and FROESSEL, JJ.; DESMOND and FULD, JJ., dissent in part and vote to modify the judgment appealed from and to grant judgment in favor of defendants dismissing the third and fourth alleged causes of action, on the ground that the failures of the taxing authorities to comply with statutory requirements in connection with the 1940-41 taxes were not jurisdictional defects rendering the sale for those taxes void, since plaintiff duly and personally received a bill from the collector for the 1940-41 taxes, paid half thereof and admittedly failed to pay the other half not by reason of lack of any notice or knowledge but because of its own inadvertence.


Summaries of

Seafire, Incorporated v. Ackerson

Court of Appeals of the State of New York
Mar 8, 1951
98 N.E.2d 478 (N.Y. 1951)
Case details for

Seafire, Incorporated v. Ackerson

Case Details

Full title:SEAFIRE, INCORPORATED, Respondent, v. H. WARD ACKERSON et al., Appellants

Court:Court of Appeals of the State of New York

Date published: Mar 8, 1951

Citations

98 N.E.2d 478 (N.Y. 1951)
98 N.E.2d 478

Citing Cases

Matter of Kantor

Therefore, the proceedings which resulted in the issuance of the tax certificate and the tax deed were…

Chornoma v. Field

It is defendant's claim that the use of the "5'" figure in the published description constitutes a trivial…