Legal Opinion
Melahn v. Hearn
Appellate Division of the Supreme Court of the State of New York
Decided March 21, 1983PublishedCited by 4 opinions
1Opinion of the Court
*320OPINION OF THE COURT
Mangano, J.
The question presented on this appeal is whether the common-law doctrine of the delinquent purchaser, first applied in Oliphant v Burns (146 NY 218), is still viable in this State. The doctrine of the delinquent purchaser prevents the owner of real property from using his purchase of a tax title to cut off a mortgagee’s lien after the mortgagee’s period of redemption has expired. In our view, the language of subdivision 1 of section 1024 of the Real Property Tax Law leads to the conclusion that the question presented must be answered in the negative.
In June,…
2Cases cited36 opinions
- Glus v. Brooklyn Eastern District TerminalSupreme Court of the United States · 1959
- Channel Master Corp. v. Aluminium Limited Sales, Inc.New York Court of Appeals · 1958
- General Stencils, Inc. v. ChiappaNew York Court of Appeals · 1966
- Little v. BowersSupreme Court of the United States · 1890
- Imperator Realty Co. v. . TullNew York Court of Appeals · 1920
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3Cited by4 opinions
- Melahn v. HearnNew York Court of Appeals · 1983
- First National Bank v. AtkinNew York Supreme Court · 2000
- Peterson v. LongNew York Supreme Court · 1987
- Salamanca Federal Savings & Loan Ass'n v. Darrow, New York County Courts1994