PEOPLE EX REL. 711 CORP. v. CHAMBERS


302 N.Y. 161 (1951)

The People of the State of New York ex rel. 711 Corporation, Appellant, v. Harry B. Chambers et al., Constituting The Tax Commission of the City of New York, Respondents.

Court of Appeals of the State of New York.

Decided January 18, 1951


Attorney(s) appearing for the Case

Sidney S. Levine for appellant.

John P. McGrath, Corporation Counsel (Morris Handel and Imre Schwarz of counsel), for respondents.

LOUGHRAN, Ch. J., LEWIS, CONWAY, DESMOND, DYE, FULD and FROESSEL, JJ., concur.


Per Curiam.

Since the Appellate Division order fails to make the specifications required by section 602 of the Civil Practice Act, we are compelled to presume that questions of fact were not considered and to "treat the Appellate Division order as being a determination on the law only" (People ex rel. Sheffield Farms Co. v. Lilly, 295 N.Y. 354, 356; Rochette & Parzini Corp. v. Campo,

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