Legal Opinion

In re the Foreclosure of Tax Liens

Appellate Division of the Supreme Court of the State of New York

Decided September 16, 2004Published

1Opinion of the CourtMercure, J.

Appeal from an order of the Supreme Court (Coccoma, J.), entered July 28, 2003 in Delaware County, which dismissed petitioner’s application, in a proceeding pursuant to RPTL article 11, to foreclose tax liens on a parcel of real property.

Petitioner commenced this RPTL article 11 in rem proceeding to foreclose on tax liens it holds on a parcel of real property owned by respondent in the Town of Davenport, Delaware County. Petitioner alleges that respondent was delinquent in its payment of property taxes from 1995 to 2002. Although petitioner seeks to enforce tax liens for each year of this…

2Cases cited4 opinions

  1. McCann v. ScadutoNew York Court of Appeals · 1987
  2. Kennedy v. MossafaNew York Court of Appeals · 2003
  3. West Branch Realty Corp. v. County of PutnamAppellate Division of the Supreme Court of the State of New York · 2002
  4. City of Troy v. GarnerAppellate Division of the Supreme Court of the State of New York · 1999

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