Legal Opinion

People ex rel. McClinchie v. Prendergast

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

Decided October 20, 1910PublishedCited by 1 opinion

Appeal by the defendant, William A. Prendergast, as comptroller, etc., from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 20th day of April, 1910, granting the relator’s motion for a peremptory writ of mandamus.

1Opinion of the Court

Thomas, J.:

In 1895 and 1896 lands in Brooklyn were sold for unpaid taxes, at sums that left a surplus of $454, and this action is by the assignee of the certificates of sale to compel the comptroller of the city of New York to cancel the sales and to pay him such surplus and accumulated interest. No notice of sale was served on the owner. No deed has been given, or can be given, after the expiration of ten years, and, under section 4 of title 8 of the charter of the city of Brooklyn (Laws of 1888, chap. 583, as amd. by Laws of 1894, chap. 580), it was the duty of the registrar of arrears “ to…

2Cited by1 opinion

  1. People ex rel. Rangeley Construction Co. v. CraigAppellate Division of the Supreme Court of the State of New York · 1921

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