Goldner v. Savenue Realty Corp.

One motion is made by defendant mortgagee in possession to dismiss the complaint in tax lien foreclosure as legally insufficient. The basis of the attack is that plaintiff, purchaser of the transfer of tax lien from the City of New York on October 4, 1950, and present owner thereof, is seeking to foreclose for asserted failure of the fee owner to pay interest prior to the lapse of the thirty-day statutory grace period from January 1,1951, whereas, according to such opposing defendant, the interest is not due and payable until a full six months’ period has elapsed from either January 1st or…