300 WEST REALTY CO. v. CITY OF NEW YORK


99 A.D.2d 708 (1984)

300 West Realty Co., Respondent, v. City of New York, Appellant

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

February 14, 1984


Defendant had mistakenly foreclosed tax liens on three of plaintiff's Harlem tenements in 1972, apparently unaware that plaintiff had paid the delinquent taxes shortly before entry of the judgment of foreclosure. Upon discovery of the error, defendant acted in good faith by moving 17 days later to vacate the judgment of foreclosure and set aside the in rem deeds. Fire had damaged the properties during the two weeks after foreclosure. Plaintiff unsuccessfully opposed defendant...

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