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BOROCK v. CITY OF NEW YORK

No. 281, Docket 25426.

268 F.2d 412 (1959)

Nathan BOROCK, as Receiver of Voges Manufacturing Company, Inc., Radar Holding Corporation and Fred W. Voges, Plaintiff-Appellant, v. CITY OF NEW YORK, Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided June 22, 1959.

Attorney(s) appearing for the Case

Joseph Jaspan, Brooklyn, N. Y., for plaintiff-appellant.

Charles H. Tenney, Corp. Counsel, New York City (Seymour B. Quel and Benjamin Offner, New York City, of counsel), for defendant-appellee.

Before LUMBARD, Circuit Judge, and GALSTON and ANDERSON, District Judges.

GALSTON, District Judge.

This is an appeal by a receiver, appointed by the district court, from a judgment entered below on October 17, 1958, dismissing the receiver's action to recover certain real estate taxes paid to the City of New York during the time that the receiver was in possession of the property taxed. The non-suit was, however, without prejudice and based upon the prematurity of the action.

There appears to be no dispute as to the material facts...

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