Legal Opinion

Goldstein v. Edwards

Appellate Division of the Supreme Court of the State of New York

Decided April 3, 1981PublishedCited by 5 opinions

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

  1. Zuckerman v. City of New YorkNew York Court of Appeals · 1980
  2. Goldstein v. County of MonroeAppellate Division of the Supreme Court of the State of New York · 1980
  3. Marine Midland Bank v. HallAppellate Division of the Supreme Court of the State of New York · 1980
  4. Chemical Bank v. Queen Wire & Nail, Inc.Appellate Division of the Supreme Court of the State of New York · 1980
  5. Wiesniewski v. BasinaitAppellate Division of the Supreme Court of the State of New York · 1977

3Cited by5 opinions

  1. Tobia v. Town of RocklandAppellate Division of the Supreme Court of the State of New York · 1984
  2. Scott & Son v. American Building Co.Appellate Division of the Supreme Court of the State of New York · 1983
  3. Donaldson v. Town of AuroraAppellate Division of the Supreme Court of the State of New York · 1989
  4. Harville v. County of ErieAppellate Division of the Supreme Court of the State of New York · 1989
  5. Tucciarone v. Automobile Club of Syracuse, Inc.Appellate Division of the Supreme Court of the State of New York · 1991

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