Appellate Division of the Supreme Court of New York, 1942

County of Nassau v. Davis

County of Nassau v. Davis
Appellate Division of the Supreme Court of New York · Decided November 2, 1942
265 A.D. 856; 37 N.Y.S.2d 756; 1942 N.Y. App. Div. LEXIS 6193
County of Nassau v. Davis

Opinion of the Court

In our opinion the affidavit complied with the requirements of section 169-b of the Tax Law. Service by publication was sufficient notice where, in fact, there was an unpaid delinquent tax on the property. There is no showing by appellant that the 1933 tax, for which the deed was executed *857and upon which the proceeding pursuant to article 7-B of the Tax Law was based, was in fact paid. Hagarty, Johnston, Taylor and Close, JJ., concur; Adel, J., not voting.

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