Ellis v. City of Rochester
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Order unanimously reversed on the law without costs and judgment of foreclosure and sale reinstated. Memorandum: Supreme Court set aside the tax sale of 165 Bartlett Street in Rochester on the ground that the sale price was so low as to shock the conscience of the court. That was error. The cases relied on by the court are mortgage foreclosure sale cases (see, e.g., Manufacturers & Traders Trust Co. v Niagara Sq. Assocs. [appeal No. 2], 199 AD2d 975, 976, lv denied 83 NY2d 845). There is no reported authority in New York for applying the "shocks the conscience” test to tax sales. The only…
2Cases cited8 opinions
- Texaco, Inc. v. ShortSupreme Court of the United States · 1982
- Nassau Insurance v. MurrayNew York Court of Appeals · 1978
- Nelson v. City of New YorkSupreme Court of the United States · 1956
- Sheehan v. County of SuffolkNew York Court of Appeals · 1986
- Best v. City of RochesterAppellate Division of the Supreme Court of the State of New York · 1993
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3Cited by7 opinions
- Balaber-Strauss v. Town of Harrison (In Re Murphy)United States Bankruptcy Court, S.D. New York · 2005
- Martyak v. Tioga County (In Re Martyak)United States Bankruptcy Court, N.D. New York · 2010
- Matthew v. ThompsonAppellate Division of the Supreme Court of the State of New York · 2009
- KI 12, LLC v. JosephAppellate Division of the Supreme Court of the State of New York · 2016
- Matter of Hoge v. Chautauqua CountyAppellate Division of the Supreme Court of the State of New York · 2019
2 more not listed; retrieve them via the Exa API.