MOHAR REALTY CO. v. SMITH


46 Misc.2d 849 (1965)

Mohar Realty Company, Appellant, v. Herman Smith et al., Respondents.

Supreme Court, Appellate Term, Second Department.

June 9, 1965


Attorney(s) appearing for the Case

Moses Krivis for appellant. Donald R. Maxwell for respondents.

Concur — McDONALD, SCHWARTZWALD and GROAT, JJ.


Per Curiam.

It was error to dismiss the petition for lack of jurisdiction of the subject matter. The Suffolk County District Court has jurisdiction to entertain a summary proceeding to recover possession of property instituted by one claiming title through a tax deed. (Real Property Actions and Proceedings Law, § 701, subd. 1; § 713, subd. 4; UDCA, §§ 201, 204.) The issue of title, raised as a defense, does not have the effect of divesting...

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