Opinion
Submitted January 5, 1948
Decided March 5, 1948
Appeal from the Supreme Court, Appellate Division, Second Department, HOOLEY, J.
Charles J. Nehrbas and Henry C. Moses for appellant.
Irving Barry for respondent.
Judgment affirmed, with costs. The evidence presented an issue of fact as to whether or not the notice of assessment was mailed. We pass upon no other question. No opinion.
Concur: LOUGHRAN, Ch. J., LEWIS, CONWAY, DESMOND, THACHER, DYE and FULD, JJ.