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CANINO v. ENGELSTEIN

43 N.Y.2d 922 (1978)

Frank L. Canino, as Commissioner of Finance of the City of Syracuse, Appellant, v. Ahleen Engelstein, as Executrix of David Engelstein, Deceased, Respondent.

Court of Appeals of the State of New York.

Decided February 16, 1978.

Attorney(s) appearing for the Case

David M. Garber, Corporation Counsel (James L. Gelormini of counsel), for appellant.

Donald J. Ball for respondent.

Chief Judge BREITEL and Judges GABRIELLI, JONES and WACHTLER concur in memorandum; Judge JASEN dissents and votes to reverse in a separate opinion in which Judge COOKE concurs; Judge FUCHSBERG taking no part.

MEMORANDUM.

The order of the Appellate Division is affirmed, with costs. In City of Buffalo v Cargill, Inc. (44 N.Y.2d 7 [decided herewith]), this court reaffirmed our holding in Matter of Ueck (286 N.Y. 1) that when a taxing district acquires its own tax sale certificate following a sale held pursuant to statute, the personal liability of the taxpayer has been extinguished...

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