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SOLOMON v. CITY OF NEW YORK

94 A.D.2d 283 (1983)

Charles Solomon, Respondent, v. City of New York, Department of General Services, Division of Real Property, Appellant

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

June 28, 1983

Attorney(s) appearing for the Case

Regina Feder of counsel (Leonard Olarsch with her on the brief; Frederick A.O. Schwarz, Jr., Corporation Counsel, attorney), for appellant.

Harry Grossman for respondent.

KUPFERMAN, J. P., SANDLER, ROSS and ALEXANDER, JJ., concur.

ASCH, J.

Plaintiff was the owner of 115-121 East 12th Street in Manhattan. No real estate taxes had been paid on the property since 1970 or 1971 and plaintiff was the only owner of the property for these years. New York City acquired title through in rem tax proceedings May 25, 1978 by a foreclosure judgment (Administrative Code of City of New York, § D17-12.0).

Plaintiff could have recovered his property but he failed to obtain its mandatory...

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