Appellate Division of the Supreme Court of New York, 1937

In re Brown-Lipe Gear Co.

In re Brown-Lipe Gear Co.
Appellate Division of the Supreme Court of New York · Decided September 29, 1937
252 A.D. 720; 299 N.Y.S. 169; 1937 N.Y. App. Div. LEXIS 5878
In re Brown-Lipe Gear Co.

Opinion of the Court

Order affirmed, with ten dollars costs and disbursements, on the ground that the statute in question is unconstitutional for *721the reasons stated in the opinion of this court in Prescott v. Ferris (251 App. Div. 113). All concur. (The order strikes out certain paragraphs in defendants’ answer and denies defendants’ motion for a dismissal of the petitions in 902 proceedings, after trial as to the exclusive right of the board of assessment review to hear an appeal from the assessment.) Present — Sears, P. J., Bdgcomb, Lewis, Cunningham and Taylor, JJ. [See post, p. 721.]

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