MATTER OF SAXTON v. HOSE


8 N.Y.2d 335 (1960)

In the Matter of Richard Saxton et al., Appellants, v. Frederick B. Hose, Jr., as County Treasurer of Suffolk County, Respondent.

Court of Appeals of the State of New York.

Decided November 17, 1960.


Attorney(s) appearing for the Case

Joseph T. Losee and Douglas E. Brown for appellants.

Henry M. Zaleski, County Attorney (Stanley S. Corwin of counsel), for respondent.

Chief Judge DESMOND and Judges DYE, FULD, FROESSEL, VAN VOORHIS, BURKE and FOSTER concur.


Per Curiam.

Although a triable issue was presented because the record does not contain evidence which conclusively established the purchasers at the tax sales as necessary parties (see People ex rel. Cooper v. Registrar of Arrears, 114 N.Y. 19), and although section 63 of the Suffolk County Tax Act by its terms is not applicable to an action based on alleged defects in a tax sale proceeding which allegedly occurred...

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