Opinion
October 11, 1943.
Action for declaratory judgment in respect of certain tax liens on real property in Nassau County. Order denying motion for an injunction pendente lite restraining the delivery of certain tax deeds by the County Treasurer, insofar as appealed from, affirmed, with ten dollars costs and disbursements. No opinion. Hagarty, Carswell, Johnston and Taylor, JJ., concur; Close, P.J., dissents and votes to reverse the order insofar as appealed from and to grant the motion on the ground that the complaint states a cause of action for a declaratory judgment and that plaintiffs are entitled to an injunction pendente lite.