Village of Spring Valley v. Empire National Bank

Appellate Division of the Supreme Court of New York

Village of Spring Valley v. Empire National Bank

72 A.D.2d 582, 421 N.Y.S.2d 19, 1979 N.Y. App. Div. LEXIS 13679

Appellate Division of the Supreme Court of the State of New York·Decided October 22, 1979·Published·Cited by 1 cases

Opinion

In civil actions to collect unpaid real property taxes pursuant to section 1450 of the Real Property Tax Law, plaintiff appeals from an order of the Supreme Court, Rockland County, dated November 2, 1978, which granted defendant’s motion for summary judgment dismissing the actions. Order affirmed, with $50 costs and disbursements. Since the plaintiff village held outstanding tax sale certificates from prior years on the subject properties, a civil action against defendant was precluded (see Canino v Engelstein, 43 NY2d 922; City of Buffalo v Cargill, Inc., 44 NY2d 7). Titone, J. P., O’Connor, Lazer and Mangano, JJ., concur.

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In civil actions to collect unpaid real property taxes pursuant to section 1450 of the Real Property Tax Law, plaintiff appeals from an order of the Supreme Court, Rockland County, dated November 2, 1978, which granted defendant’s motion for summary judgment dismissing the actions. Order affirmed, with $50 costs and disbursements. Since the plaintiff village held outstanding tax sale certificates from prior years on the subject properties, a civil action against defendant was precluded (see Canino v Engelstein, 43 NY2d 922; City of Buffalo v Cargill, Inc., 44 NY2d 7). Titone, J. P., O’Connor, Lazer and Mangano, JJ., concur.

Village of Spring Valley v. Empire National Bank, 72 A.D.2d 582, 421 N.Y.S.2d 19, 1979 N.Y. App. Div. LEXIS 13679 (N.Y. Ct. App. 1979).

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72 A.D.2d 582 (Village of Spring Valley v. Empire National Bank) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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