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ROSE v. EICHHORST

42 N.Y.2d 92 (1977)

Charles G. Rose, Respondent, v. Gustav Eichhorst et al., Appellants.

Court of Appeals of the State of New York.

Decided June 14, 1977.

Attorney(s) appearing for the Case

Leslie A. Bradshaw for appellants.

L. Edward Monaghan for respondent.

Chief Judge BREITEL and Judges GABRIELLI, JONES and FUCHSBERG concur with Judge COOKE; Judges JASEN and WACHTLER dissent and vote to affirm on the memorandum at the Appellate Division ().

COOKE, J.

We hold that a conflict of interest occurs when a town board member acquires premises, located in the town in which he serves, at a county tax sale.

Respondents, Gustav and Carmen Eichhorst, were owners in fee of a house and slightly more than six acres of land in the Town of Victor, County of Ontario. On July 12, 1972, the parcel was sold for $1,307.63 by the County of Ontario for unpaid taxes...

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