East River Savings Bank v. Cerullo Motors, Inc.

OPINION OF THE COURT

John A. Dillon, J.

This is an action brought pursuant to the Erie County Tax *700Act § 11-25.1 (hereafter, the Act) to set aside a Referee’s deed given in Erie County’s in rem tax foreclosure proceeding No. 138. Issue having been joined, plaintiff now moves for summary judgment.1

The essential facts are either conceded or not in dispute and may be briefly stated. In October 1977, Cerullo Motors, Inc. (hereafter, Cerullo) gave plaintiff a mortgage on real property located in Erie County and known commonly as 80-82 Main Street, Depew, New York, to secure the sum of $70,000 loaned…