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MATTER OF DWYER v. LINDSAY

29 A.D.2d 363 (1968)

In the Matter of George H. Dwyer, Appellant, v. John V. Lindsay et al., Constituting The Board of Estimate of the City of New York, Respondents

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

March 12, 1968.

Attorney(s) appearing for the Case

Saul S. Goldman of counsel (Isadore B. Hurwitz with him on the brief), for appellant.

Milton H. Harris of counsel (Stanley Buchsbaum with him on the brief; J. Lee Rankin, Corporation Counsel), for respondents.

STEVENS, J. P., TILZER and McNALLY, JJ., concur with STEUER, J.; McGIVERN, J., dissents in opinion.

STEUER, J.

We believe the dismissal of the petition to be improper and to necessitate a reversal of the order and vacating of the judgment entered thereon.

Petitioner was, prior to the proceeding mentioned below, the owner of the premises located at 2120 Seventh Avenue. The property is assessed at $145,000 and defendant cannot dispute that it is worth substantially in excess of that sum. Petitioner defaulted in the payment of taxes in the approximate...

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