Legal Opinion

Smerecki v. Keough

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

Decided December 13, 2012Published

1Opinion of the Court

Mercure, J.P.

*1339Inasmuch as it is undisputed that the tax lien was valid and respondent followed all proper procedures in foreclosing the lien, “any property interests held by [Smerecki] were lawfully extinguished as of the expiration of the[ ] right to redemption and the entry of the judgment of foreclosure” (Matter of Orange County Commr. of Fin. [Helseth], 18 NY3d 634, 640 [2012]). That is, the County had no legal obligation to sell the property back once the valid judgment of foreclosure awarded it title (see Quick v County of Broome, 302 AD2d 788, 789 [2003]; Key Bank of Cent. N.Y. v County…

2Cases cited7 opinions

  1. Solomon v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1983
  2. In re the Foreclosure of Tax Liens by Proceeding in Rem Pursuant to Article Eleven of the Real Property Tax LawNew York Court of Appeals · 2012
  3. Key Bank of Central New York v. County of BroomeAppellate Division of the Supreme Court of the State of New York · 1986
  4. Sixteen Eighty West 7th Corp. v. Board of EstimateAppellate Division of the Supreme Court of the State of New York · 1985
  5. Dwyer v. LindsayNew York Court of Appeals · 1969

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