PEOPLE EX REL. OTTLEY ESTATE CORP. v. LILLY


302 N.Y. 278 (1951)

The People of the State of New York ex rel. Ottley Estate Corporation, Appellant, v. Joseph Lilly et al., Constituting The Tax Commission of the City of New York, Respondents.

Court of Appeals of the State of New York.

Decided March 8, 1951


Attorney(s) appearing for the Case

Leon London for appellant.

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

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


Per Curiam.

The order in the tax certiorari proceeding directed that "there shall be audited and allowed * * * and paid to" the relator the refund prescribed therein, "together with the interest * * * from the dates of payment". Service of a certified copy of that order upon the comptroller of the city of New York, and service of a copy thereof, with notice of entry, together with a letter of transmittal by relator...

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