City of Utica v. Proite

The city of Utica has taken title to a large number of properties under the provisions of title 3 of article VII-A of the Tax Law. This so-called friendly action has been instituted as a test of the validity of the plaintiff’s title and to obtain a judicial pronouncement with respect thereto. The defendant executed a contract for the purchase of one of the parcels of real estate so acquired by the plaintiff, and under its terms, the plaintiff tendered a deed and demanded payment of the balance of the purchase price. The defendant refused to accept the con-, veyance and to pay the balance upon…