Legal Opinion
Tobias v. College Towne Homes, Inc.
New York Supreme Court
Decided August 6, 1981PublishedCited by 1 opinion
1Opinion of the Court
OPINION OF THE COURT
Charles R. Rubin, J.
Plaintiff sues to foreclose a mortgage on certain property located on Staten Island because of defaults in the payment of installments of interest by the mortgagor, Thirty-Six Closing Corp. The City of New York, as a party defendant, claims unencumbered title to the subject premises as the result of an in rem foreclosure which was instituted in 1975 for tax arrears. Plaintiff alleges that the City of New York’s claim of title is a nullity and therefore that such claim cannot defeat this action to foreclose the mortgage.
The genesis of this litigation is,…
2Cases cited17 opinions
- Schroeder v. City of New YorkSupreme Court of the United States · 1962
- Gramatan Home Investors Corp. v. LopezNew York Court of Appeals · 1979
- Covey v. Town of SomersSupreme Court of the United States · 1956
- Nelson v. City of New YorkSupreme Court of the United States · 1956
- Dunkum v. MacEck Building Corp.New York Court of Appeals · 1931
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