Order and judgment reversed, without costs, and motion denied.
In our opinion a question of fact was raised which precludes the granting of summary judgment. The question is whether plaintiff's name appeared on the tax rolls as owner of the parcels prior to publication of the notices of the tax sales; if it did, it should have appeared in the notices (Real Property Tax Law, § 1002). It is not disputed that plaintiff's name was not included in the notices. The...
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