Legal Opinion · Dissent

City of White Plains v. Hadermann

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

Decided June 30, 1947Published

1DissentJohnston, J.

I dissent and vote to direct judgment for plaintiff, without costs.

There is no dispute that the tax which plaintiff sought to enforce by the in rem foreclosure action, pursuant to title 3 of article VII-A of the Tax Law, "was validly assessed. Nor is there any dispute that all parties in interest received proper notice of the pendency of the foreclosure action by all the methods prescribed by the Tax Law (filing of the list of delinquent taxes, publication, mailing, and posting). The sole objection to plaintiff’s title is that the last day for redemption contained in the notice of foreclosure…

2Cases cited11 opinions

  1. People v. . TurnerNew York Court of Appeals · 1889
  2. Tax Lien Co. v. . SchultzeNew York Court of Appeals · 1914
  3. Dodge v. . CorneliusNew York Court of Appeals · 1901
  4. Shepherd v. Mount Vernon Trust Co.New York Court of Appeals · 1935
  5. Jasper v. . RozinskiNew York Court of Appeals · 1920

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