S. A. B. Enterprises, Inc. v. Stewart's Ice Cream Co.

OPINION OF THE COURT

Edward S. Conway, J.

This is a motion by the defendant Village of Athens, for an order dismissing the complaint as to it, on the grounds that it fails to state a cause of action as to said Village of Athens, and that the claim for damages is barred by the Statute of Limitations and further barred by plaintiff’s failure to comply with the General Municipal Law.

The underlying action is brought by the plaintiff pursuant to RPAPL article 15 for judgment declaring plaintiff to be the owner in fee of the subject premises and voiding all conveyances arising from a tax sale of the…