Russell v. City of New York

Appellate Division of the Supreme Court of New York

Russell v. City of New York

22 A.D.2d 706, 253 N.Y.S.2d 778, 1964 N.Y. App. Div. LEXIS 2975

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

DecidedOctober 26, 1964

StatusPublished

Cited by3 cases

This text of 22 A.D.2d 706 (Russell 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

Russell v. City of New York, 22 A.D.2d 706, 253 N.Y.S.2d 778, 1964 N.Y. App. Div. LEXIS 2975 (N.Y. Ct. App. 1964).

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Opinion

— In an action to declare: (a) that plaintiffs, owners of real property taken in condemnation, are the “lawful owners” of the moneys awarded for such taking, and (b) that certain tax liens on said premises are “void and of no force and effect in law ”, plaintiffs appeal from an order of the Supreme Court, Kings County, entered May 1,1964, wMch granted defendant’s motion to dismiss the complaint pursuant to CPLR 3211. Order affirmed, with $10 costs and disbursements, without prejudice to the institution of a new action, if plaintiffs be so advised, to recover the amount of the award, in which action the holders of the liens shall be made parties defendant. The tax liens, dating back to 1927 and 1943, do not appear to be unenforeible merely because of lapse of time (New York City Charter, § 172; Administrative Code of City of New York, § 415[1]-7.0; cf. L. K. Land Gorp. v. Gordon, 1 N Y 2d 465, 469, 470). However, a declaration as to the validity of the liens may not foe rendered, since the holders of the liens whose rights would foe affected are not parties to the action (of. Manhattan Stor. & Warehouse Go. v. Movers é Wa/rehousemen’s Assn., 289 N. Y. 82, 88; see, also, CPLR 1001, 1003). CPLR 216, relied upon by plaintiffs, is merely a Statute of Limitations; it has no effect on plaintiffs’ obligation to join necessary parties (ef. Solicitor of Mis Majesty’s Treasury v. Bankers Trust Go., 304 N. Y. 282, 292). Ughetta, Acting P. J., Christ, Brennan, Hill and Hopkins, JJ., concur.

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— In an action to declare: (a) that plaintiffs, owners of real property taken in condemnation, are the “lawful owners” of the moneys awarded for such taking, and (b) that certain tax liens on said premises are “void and of no force and effect in law ”, plaintiffs appeal from an order of the Supreme Court, Kings County, entered May 1,1964, wMch granted defendant’s motion to dismiss the complaint pursuant to CPLR 3211. Order affirmed, with $10 costs and disbursements, without prejudice to the institution of a new action, if plaintiffs be so advised, to recover the amount of the award, in which action the holders of the liens shall be made parties defendant. The tax liens, dating back to 1927 and 1943, do not appear to be unenforeible merely because of lapse of time (New York City Charter, § 172; Administrative Code of City of New York, § 415[1]-7.0; cf. L. K. Land Gorp. v. Gordon, 1 N Y 2d 465, 469, 470). However, a declaration as to the validity of the liens may not foe rendered, since the holders of the liens whose rights would foe affected are not parties to the action (of. Manhattan Stor. & Warehouse Go. v. Movers é Wa/rehousemen’s Assn., 289 N. Y. 82, 88; see, also, CPLR 1001, 1003). CPLR 216, relied upon by plaintiffs, is merely a Statute of Limitations; it has no effect on plaintiffs’ obligation to join necessary parties (ef. Solicitor of Mis Majesty’s Treasury v. Bankers Trust Go., 304 N. Y. 282, 292). Ughetta, Acting P. J., Christ, Brennan, Hill and Hopkins, JJ., concur.

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Bluebook (online)

22 A.D.2d 706, 253 N.Y.S.2d 778, 1964 N.Y. App. Div. LEXIS 2975, Counsel Stack Legal Research, https://law.counselstack.com/opinion/russell-v-city-of-new-york-nyappdiv-1964.

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