Cacucciolo v. City of New York

OPINION OF THE COURT

Ira B. Harkavy, J.

“He who sells what isn’t his’n must get it up or go to prison” (anonymous Wall Street saying).

The City of New York runs public auctions on a periodic basis to dispose of its excess real estate. The auctions are run on a caveat emptor basis. The terms of the sale include;

*514“7. The successful bidder will be required to accept the parcel and or any improvements thereon in its ‘as is’ condition as of date of closing title * * *

“27a. Any objections to title * * * must be submitted to the Deputy Commissioner in writing no later than thirty (30) days after the…