Legal Opinion · Dissent

Lee v. Farone

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

Decided April 30, 1941Published

1DissentHeffernan, J.

I dissent and vote to affirm the judgment and order under review.

The facts are stated in the opinion of the majority and hence will not be repeated.

The deed of December 23, 1936, made by the county treasurer to the county of Saratoga which attempted to divest the owner’s *679title under the tax sale was ineffectual to accomplish that object. The deed is fatally defective in that it conveys the premises to “ The County of Saratoga.” The conveyance should have run to and named the “ Board of Supervisors ” as grantee as required by section 123 of the Tax Law, made applicable to tax sales by the…

2Cases cited8 opinions

  1. Joslyn v. . RockwellNew York Court of Appeals · 1891
  2. Lindlots Realty Corp. v. County of SuffolkNew York Court of Appeals · 1938
  3. Bryan v. . McGurkNew York Court of Appeals · 1911
  4. People v. WitherbeeAppellate Division of the Supreme Court of the State of New York · 1921
  5. Sheldon v. RussellNew York Supreme Court · 1915

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