Legal Opinion

Tax Foreclosure Action No. 44 v. Family House Estate Corp.

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

Decided December 16, 2003PublishedCited by 3 opinions

1Opinion of the Court

Order, Supreme Court, Bronx County (Bertram Katz, J.), entered on or about December 9, 2002, which denied respondent’s motion to vacate an in rem judgment of foreclosure granted on default, unanimously affirmed, with costs.

Respondent’s conclusory denial of receipt of notice of the foreclosure action is insufficient to rebut the presumption of receipt raised by the deed conveying title to the City (see Matter *242of Tax Foreclosure Action No. 33, 141 AD2d 437, 437-438 [1988], appeal dismissed 73 NY2d 915 [1989]). In any event, such presumption became conclusive when, four months after entry of the…

2Cases cited1 opinion

  1. In re Tax Foreclosure Action No. 33Appellate Division of the Supreme Court of the State of New York · 1988

3Cited by3 opinions

  1. O'Bryan v. StarkAppellate Division of the Supreme Court of the State of New York · 2010
  2. In Rem Tax Foreclosure Action No. 47Appellate Division of the Supreme Court of the State of New York · 2006
  3. Pysa Realty Corp. v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2005

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