Legal Opinion

Vivenzio v. City of Utica

New York Supreme Court

Decided January 13, 1969PublishedCited by 4 opinions

1Opinion of the CourtJ. Robert Lynch, J.

On May 3,1962, the petitioners Vivenzio and Butler purchased the Union Fern building at .77-83 Genesee Street in Utica. The petitioner Bersani holds a first and second *572mortgage on the property. On May 8, 1967, the respondent city took title to the premises, claiming it for unpaid 1962 taxes, a resultant tax sale on May 29, 1963, and a failure thereafter of the petitioners to redeem. There were also tax sales of the property in 1964, 1965, 1966 and 1967 for other unpaid taxes and on each occasion the city bid in the property.

Originally the petitioners commenced a CPLR article 78 proceeding…

2Cases cited5 opinions

  1. Clason v. . BaldwinNew York Court of Appeals · 1897
  2. People Ex Rel. Kenyon v. . SutherlandNew York Court of Appeals · 1880
  3. Amity Estates, Inc. v. WerkingSupreme Court of the United States · 1957
  4. People ex rel. Smith v. FosterNew York Supreme Court · 1899
  5. Coulbourn v. BurnsNew York Supreme Court · 1954

3Cited by4 opinions

  1. Weinstein v. All State Credit Corp.New York Court of Appeals · 1972
  2. Wiesniewski v. BasinaitAppellate Division of the Supreme Court of the State of New York · 1977
  3. Burden v. Max-Mor Development Co.Appellate Division of the Supreme Court of the State of New York · 1976
  4. Samara v. City of New YorkDistrict Court, S.D. New York · 1982

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