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MATTER OF CITY OF NEW YORK

20 A.D.2d 925 (1964)

In the Matter of The City of New York, Respondent. Norend Realty Corp., Intervenor-Appellant

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

April 27, 1964

Order affirmed, with $10 costs and disbursements.

In our opinion, the only remedy available to appellant is by plenary action to set aside the deed, and not by motion in the foreclosure action (Town of Somers v. Covey, 2 N.Y.2d 250, cert. den. sub nom. Covey v. Town of Somers, 354 U.S. 916). In any event, the mailing of the notice of foreclosure to "Gilam", instead of the Gilman, the surname of the then sole...

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