MINTZ v. GREENBERG


5 A.D.2d 774 (1958)

Sam Mintz, Appellant, v. Philip Greenberg et al., Individually and as Executors of Wilhelm Greenberg, Deceased, et al., Defendants; Mary Noval, Appellant, and Charlotte Smith, Respondent

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

January 6, 1958


Order reversed, with one bill of $10 costs and disbursements, and motion denied, with $10 costs.

In 1953 appellant Mintz acquired transfers of tax liens involving part of the property described in a mortgage, of which the respondent is the assignee, and in a quitclaim deed, in which appellant Noval is the grantee. On February 26, 1955 Mintz instituted this action to foreclose the tax liens. Prior thereto and on February 10, 1955 Henry Silver, the original owner, mortgagor...

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