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Future Purchases, LLC v. City of New York

49 A.D.3d 390, 852 N.Y.2d 837
CourtAppellate Division of the Supreme Court of the State of New York
DecidedMarch 18, 2008
StatusPublished

This text of 49 A.D.3d 390 (Future Purchases, LLC v. City of New York) 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
Future Purchases, LLC v. City of New York, 49 A.D.3d 390, 852 N.Y.2d 837 (N.Y. Ct. App. 2008).

Opinion

The motion court properly converted the action to a CPLR article 78 proceeding (see SJL Realty Corp. v City of Poughkeepsie, 133 AD2d 682, 683 [1987]). The limitations period began to run when petitioner learned of the existence of the subject tax liens. This was no later than April 20, 2004 when it commenced an action in the Housing Part, Civil Court to remove the liens. When that action was withdrawn for lack of jurisdiction, petitioner failed to commence the new proceeding within four months (see Matter of 80 E. 116th St. Corp. v City of N.Y. Dept. of Hous. Preserv. & Dev., 245 AD2d 107 [1997]; cf. Matter of Ijbara v City of New York, 300 AD2d 251, 253 [2002]). Concur— Lippman, P.J., Gonzalez, Sweeny and Catterson, JJ.

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Related

SJL Realty Corp. v. City of Poughkeepsie
133 A.D.2d 682 (Appellate Division of the Supreme Court of New York, 1987)
80 E. 116th Street Corp. v. New York Department of Housing Preservation & Development
245 A.D.2d 107 (Appellate Division of the Supreme Court of New York, 1997)
Ijbara v. City of New York
300 A.D.2d 251 (Appellate Division of the Supreme Court of New York, 2002)

Cite This Page — Counsel Stack

Bluebook (online)
49 A.D.3d 390, 852 N.Y.2d 837, Counsel Stack Legal Research, https://law.counselstack.com/opinion/future-purchases-llc-v-city-of-new-york-nyappdiv-2008.