Legal Opinion · Dissent

Rosenbaum v. City of New York

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

Decided May 9, 2000Published

1Dissent

Rubin and Saxe, JJ.,

dissent in a memorandum by Rubin, J., as follows: This action involves the so-called “super lien” provision of section 27-2144 of the Administrative Code of the City of New York. The municipal defendants seek to enforce against the purchaser of real property liens that were filed against the subject premises some nine months after title was acquired. While the municipal defendants (collectively, the City) are correct in their contention that the buyer is not a subsequent good faith purchaser for value, the salient fact is not that the purchase was made in bad faith, but…

2Cases cited22 opinions

  1. Mullane v. Central Hanover Bank & Trust Co.Supreme Court of the United States · 1950
  2. Sharrock v. Dell Buick-Cadillac, Inc.New York Court of Appeals · 1978
  3. Matter of 440 E. 102nd St. Corp. v. MurdockNew York Court of Appeals · 1941
  4. Da Silva v. MussoNew York Court of Appeals · 1990
  5. McCann v. ScadutoNew York Court of Appeals · 1987

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