Order reversed, on the law, without costs or disbursements, plaintiffs' motion for summary judgment denied and summary judgment granted to defendant dismissing the complaint.
Special Term's reliance on People ex rel. Wessel, Nickel & Gross v Craig (236 N.Y. 100) for the proposition that any payment of a tax after it becomes a lien is a payment made under duress is misplaced. That case was decided before the effective date of section 1312 of the Real Property...
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