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  5. 41 N.Y.2d 936 (1977)
 

HAMILTON MUT. REALTY FUND, INC. v. BAND REALTY CO.

41 N.Y.2d 936 (1977)

Hamilton Mutual Realty Fund, Inc., Respondent, v. Band Realty Company, Appellant, and City of Yonkers, Respondent, et al., Defendants.

Court of Appeals of the State of New York.

Decided March 24, 1977.

Attorney(s) appearing for the Case

Lawrence A. Blatte for appellant.

Harvey J. Fried and Herbert C. Litt for plaintiff-respondent.

Eugene J. Fox, Corporation Counsel (William N. Carroll ofcounsel), for defendant-respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur.

MEMORANDUM.

The order of the Appellate Division should be affirmed.

Appellant has failed to demonstrate that on the record before us there is any triable issue of fact which is legally material. Nor, assuming that the issue was raised below, is there any merit to appellant's contention that respondent is precluded from foreclosing the tax liens in question because no notice of redemption was given under section 1110 of the

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