HANDY v. D'ONOFRIO CONSTR.


59 A.D.2d 254 (1977)

Edgar J. Handy et al., Appellants, v. D'Onofrio Brothers Construction Corp. et al., Respondents, et al., Defendants

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

November 10, 1977


Attorney(s) appearing for the Case

John Maier, III, for appellants.

Roger H. Mallery (Marc Wohl of counsel), for D'Onofrio Brothers Construction Corp., respondent.

SWEENEY, J. P., MAIN, MIKOLL and HERLIHY, JJ., concur.


KANE, J.

This appeal is primarily concerned with the validity of a tax deed in favor of the defendant, D'Onofrio Brothers Construction Corp. (hereinafter D'Onofrio). Specifically, the issues are whether this deed and related affidavits are sufficient to show a meritorious defense to plaintiffs' action and, at the same time, to defeat plaintiffs' alternative motion for summary judgment.

The subject developed real property is located in the Town...

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