MATTER OF MALARA v. CITY OF YONKERS


11 Misc.2d 488 (1958)

In the Matter of Rose Malara et al., Petitioners, v. City of Yonkers, Respondent. (And 20 other proceedings.)

Supreme Court, Special Term, Westchester County.

January 20, 1958.


Attorney(s) appearing for the Case

Prime Bros. & Duffy for petitioners.

J. Raymond Hannon, Corporation Counsel, for respondent.


FRANK H. COYNE, J.

Respondent's motion for an order setting aside the service of the petitions and notices in the above-entitled proceedings poses the question as to whether a premature return date on the notices in proceedings under article 13 of the Tax Law is a fatal defect not curable by the court. No controlling authority has been submitted by counsel, and research has failed to reveal a case decisive of...

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