Fread v. City of New York

This is a motion by plaintiff for an order pursuant to CPLR 3212 striking defendant’s answer and granting summary judgment.

The action was originally commenced in the form of an article 78 proceeding. However, by order dated March 28,1972, plaintiff’s application was denied, but the proceeding was converted and permitted to continue as a plenary action.

In substance, plaintiff seeks a declaration nullifying a tax lien filed by defendant stemming from an assessment for work performed in constructing a new sidewalk fronting plaintiff’s premises.

Plaintiff contends that the city failed to notify…