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BENDER v. CITY OF ROCHESTER, N.Y.

No. CIV-83-828T.

588 F.Supp. 1405 (1984)

James G. BENDER, Jr., Individually and as Successor Administrator of the Estate of James G. Bender, Sr., Plaintiff, v. CITY OF ROCHESTER, NEW YORK, Defendant.

United States District Court, W.D. New York.

August 9, 1984.

Attorney(s) appearing for the Case

Johnson, Mullan, Brundage & Keigher, P.C., Rochester, N.Y. (Scott C. Smith, Rochester, N.Y., of counsel), for plaintiff.

Louis N. Kash, Corporation Counsel, Rochester, N.Y., (Susan L. Hauser, Rochester, N.Y., of counsel), for defendant.

MEMORANDUM DECISION and ORDER

TELESCA, District Judge.

In this case, the plaintiff claims that the notice provisions found in the City of Rochester in rem tax foreclosure statute do not provide adequate notice to property owners where that notice was mailed only to the last known address of the owner listed on the tax roles and not to the Administrator of the property owner's estate. Plaintiff claims that as the deceased's representative, he was entitled...

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