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VAN WORMER v. GIOVATTO

46 N.Y.2d 751 (1978)

Harold Van Wormer, Respondent, v. John Giovatto, Appellant, et al., Defendant.

Court of Appeals of the State of New York.

Decided December 7, 1978.

Attorney(s) appearing for the Case

Dan Lamont for appellant.

David B. Alford for respondent.

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

MEMORANDUM.

The Real Property Tax Law (§ 1006, subd 1) provides that "the county treasurer shall commence [a] tax sale and shall continue the same from day to day until so much of each parcel shall be sold as will be sufficient to pay the amount due thereon". (Emphasis added.) Contrary to the conclusion reached by the Appellate Division on plaintiff's appeal from the...

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