Roach v. City of New York — 186 N.Y. 592

Majority

p. 592

Belden Roach, Appellant, v. The City of New York, Respondent.

Headnote

Roach v. City of New York, 105 App. Div. 642 , affirmed.

(Argued November 19, 1906;

decided December 4, 1906.)

Appeal from a judgment entered July 24, 1905, upon an order of the Appellate Division of the Supreme Court in the first judicial department, which affirmed an interlocutory

p. 593

judgment of Special Term sustaining a demurrer to the complaint in an action to recover money alleged to have been involuntarily paid for void and illegal taxes.

Alfred A. Wheat and Francis J)a\ia for appellant.

William B. Ellison, Corporation Counsel (George S. Coleman of counsel), for respondent.

Judgment affirmed, with costs; no opinion.

Concur: Cullen, Ch. J., Gray, Haight, Yann, Werner, Willard Bartlett and Hiscock, JJ. .