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R.M. INVESTORS v. MAGGI

120 Misc.2d 327 (1983)

R. M. Investors Corp., Appellant, v. Carlo Maggi, Also Known as Carlo Aldo, Respondent, et al., Defendants. Carlo Maggi, Third-Party Plaintiff-Respondent, v. County of Rockland et al., Third-Party Defendants-Appellants.

Supreme Court, Appellate Term, Second Department.

March 10, 1983

Attorney(s) appearing for the Case

Plunkett & Jaffe, P. C. (Joel H. Sachs of counsel), for appellant. Birbrower, Montalbano, Condon, Seidenberg & Frank, P. C. (Susan Corcoran of counsel), for respondent. Marc L. Parris, County Attorney, and Richard C. Fields, P. C., for County of Rockland and another, third-party defendants-appellants.

FARLEY, P. J., SLIFKIN and WIDLITZ, JJ., concur.

MEMORANDUM.

Order affirmed, without costs.

We affirm the decision of the court below which vacated the sale and revested the title to the property in the County of Rockland. We disagree with the court's comments about resolution number 167 of 1979 and insofar as the determination of the court below is deemed to have set it aside, we decline to follow it. Review of said resolution is only proper by way of an article 78 proceeding (see CPLR...

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