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E. RIV. SAV. v. CERULLO MOTORS

134 Misc.2d 699 (1987)

East River Savings Bank, Formerly Known as Erie Federal Savings and Loan Association, Plaintiff, v. Cerullo Motors, Inc., et al., Defendants.

County Court, Erie County.

February 18, 1987

Attorney(s) appearing for the Case

Irwin N. Davis for plaintiff. Saperston & Day (Joseph Schnitter of counsel), for Alden Equities, Ltd., defendant. Judith Avent, County Attorney (John E. Doran of counsel), for County of Erie, defendant.

JOHN A. DILLON, J.

This is an action brought pursuant to the Erie County Tax Act § 11-25.1 (hereafter, the Act) to set aside a Referee's deed given in Erie County's in rem tax foreclosure proceeding No. 138. Issue having been joined, plaintiff now moves for summary judgment.1

The essential facts are either conceded or not in dispute and may be briefly stated. In October...

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