LANG v. CITY OF NEW YORK


28 N.Y.2d 601 (1971)

Stefan Lang et al., Respondents, v. City of New York, Appellant.

Court of Appeals of the State of New York.

Decided February 17, 1971.


Attorney(s) appearing for the Case

J. Lee Rankin, Corporation Counsel (Leonard Koerner, Stanley Buchsbaum and Anthony Gliedman of counsel), for appellant.

Joseph N. Friedman for respondent.

Concur: Chief Judge FULD and Judges BERGAN, JASEN and GIBSON. Judges SCILEPPI and BREITEL dissent and vote to affirm. Taking no part: Judge BURKE.


Order modified by denying summary judgment in favor of plaintiffs, and, as so modified, affirmed, without costs, in the following memorandum: Concededly the second half of the 1964-65 real estate taxes was unpaid when plaintiffs took title to the property April 7, 1965. There is a triable issue in this action to discharge the city's tax lien on the question whether plaintiffs were justified in relying on a tax receipt issued through clerical error, when at the time of closing...

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