City of New Rochelle v. Seacord

Appellate Division of the Supreme Court of New York

City of New Rochelle v. Seacord

254 A.D. 897, 6 N.Y.S.2d 506, 1938 N.Y. App. Div. LEXIS 8226

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

DecidedJune 24, 1938

StatusPublished

This text of 254 A.D. 897 (City of New Rochelle v. Seacord) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

City of New Rochelle v. Seacord, 254 A.D. 897, 6 N.Y.S.2d 506, 1938 N.Y. App. Div. LEXIS 8226 (N.Y. Ct. App. 1938).

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Opinion

In an action to foreclose transfer of tax liens, judgment of foreclosure and sale reversed on the law, with costs, and complaint dismissed, with costs. At a public sale of tax liens covering appellant’s property, the liens were acquired by the city of New Rochelle, and in this action the city, pursuant to its Local Law No. 5 of 1932, seeks to foreclose them. The Court of Appeals has declared Local Law No. 5 of 1932 invalid. (County Securities, Inc., v. Seacord, 278 N. Y. 34; see, also, Malnati v. Metropolitan Life Ins. Co., 254 App. Div. 681.) Under the circumstances, it is unnecessary to determine whether the city as the purchaser is entitled to charge more than seven per cent. Lazansky, P. J., Hagarty, Davis, Johnston and Adel, JJ., concur.

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In an action to foreclose transfer of tax liens, judgment of foreclosure and sale reversed on the law, with costs, and complaint dismissed, with costs. At a public sale of tax liens covering appellant’s property, the liens were acquired by the city of New Rochelle, and in this action the city, pursuant to its Local Law No. 5 of 1932, seeks to foreclose them. The Court of Appeals has declared Local Law No. 5 of 1932 invalid. (County Securities, Inc., v. Seacord, 278 N. Y. 34; see, also, Malnati v. Metropolitan Life Ins. Co., 254 App. Div. 681.) Under the circumstances, it is unnecessary to determine whether the city as the purchaser is entitled to charge more than seven per cent. Lazansky, P. J., Hagarty, Davis, Johnston and Adel, JJ., concur.

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Bluebook (online)

254 A.D. 897, 6 N.Y.S.2d 506, 1938 N.Y. App. Div. LEXIS 8226, Counsel Stack Legal Research, https://law.counselstack.com/opinion/city-of-new-rochelle-v-seacord-nyappdiv-1938.

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