Distinguished
Distinguished by Rochester Savings Bank v. County of Monroe, 169 Misc. 526 (1938)
193 N. Y. 601), but where, as here, section 296 is inapplicable, there must be evidence that the taxpayer is not assenting to the payment, of the tax.
The opinion
Order affirmed, with costs; no opinion.
Concur: Cullen, Ch. J., Edward T. Bartlett, Haight, Vann, Werner, Hiscock and Chase, JJ.