Goldstein v. Edwards
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
— Order unanimously affirmed, with costs. Memorandum: The court properly granted plaintiffs’ motion for summary judgment setting aside a deed to real property following an in rem tax foreclosure proceeding (Real Property Tax Law, art 11, tit 3 [§ 1120 et seq.]) conducted by the County of Cattaraugus. The county failed to make an evidentiary showing that it strictly complied with the notice provisions of the statute (Real Property Tax Law, § 1124, subd 2; and see Wiesniewski v Basinait, 59 AD2d 1028). In response to plaintiffs’ claim that no foreclosure notice was received the county contends…
2Cases cited5 opinions
- Zuckerman v. City of New YorkNew York Court of Appeals · 1980
- Goldstein v. County of MonroeAppellate Division of the Supreme Court of the State of New York · 1980
- Marine Midland Bank v. HallAppellate Division of the Supreme Court of the State of New York · 1980
- Chemical Bank v. Queen Wire & Nail, Inc.Appellate Division of the Supreme Court of the State of New York · 1980
- Wiesniewski v. BasinaitAppellate Division of the Supreme Court of the State of New York · 1977
3Cited by5 opinions
- Tobia v. Town of RocklandAppellate Division of the Supreme Court of the State of New York · 1984
- Scott & Son v. American Building Co.Appellate Division of the Supreme Court of the State of New York · 1983
- Donaldson v. Town of AuroraAppellate Division of the Supreme Court of the State of New York · 1989
- Harville v. County of ErieAppellate Division of the Supreme Court of the State of New York · 1989
- Tucciarone v. Automobile Club of Syracuse, Inc.Appellate Division of the Supreme Court of the State of New York · 1991