ELAR DEV. CO. INC. v. COUNTY OF SULLIVAN


279 A.D. 949 (1952)

Elar Development Co. Inc., Appellant, v. County of Sullivan et al., Defendants, and Rose Silverstein et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Third Department.

March 12, 1952.


The gist of plaintiff's first alleged cause of action is that defendants-respondents, by their silence, waived the Statute of Limitations contained in section 137 of the Tax Law as to tax titles. This statute was enacted as a matter of public policy to make tax titles absolute at the expiration of three years from the date of a tax sale (Mabie v. Fuller, 255 N.Y. 194). To void a tax title, that has become absolute by virtue of the statute, upon the basis of an alleged...

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