Legal Opinion · Dissent

Kennedy v. Mossafa

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

Decided February 4, 2002Published

1Dissent

McGinity, J.,

dissents and votes to reverse the order appealed from and to deny the motion with the following memorandum, in which Luciano, J., concurs: The Supreme Court granted judgment in favor of the plaintiff, Ellen J. Kennedy, the tax lien buyer, and Orange County, which sold the property to Kennedy, finding that the County gave the defendant, Mahshid Mossafa, the fee owner, adequate notice of their action. At issue then is what is adequate notice under the circumstances presented herein.

Mahshid Mossafa owned vacant property in the Town of Newburgh in Orange County. Mossafa paid real…

2Cases cited4 opinions

  1. Mullane v. Central Hanover Bank & Trust Co.Supreme Court of the United States · 1950
  2. McCann v. ScadutoNew York Court of Appeals · 1987
  3. Meadow Farm Realty Corp. v. PekichAppellate Division of the Supreme Court of the State of New York · 1998
  4. T.E.A. Marine Automotive Corp. v. ScadutoAppellate Division of the Supreme Court of the State of New York · 1993

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