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HARTSFIELD v. CITY OF N. Y.

146 A.D.2d 141 (1989)

Joyce Y. Hartsfield, Plaintiff, v. City of New York, Division of Real Property, Defendant In the Matter of Florencio Arias, Individually and as President of 549 West 163rd Street Tenants Association, Appellants, v. Peter Zimroth, as Corporation Counsel of The City of New York, et al., Respondents

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

April 6, 1989.

Attorney(s) appearing for the Case

Lori L. Keitz of counsel (David W. Weschler and George R. Sommers with her on the brief; attorneys), for appellants.

Gary F. Marton of counsel (Francis F. Caputo and Robert F. Wayburn with him on the brief; Peter L. Zimroth, Corporation Counsel, attorney), for City of New York, respondent.

Leonard S. Gordon of counsel (Harry A. Roth, attorney), for Joyce Y. Hartsfield, respondent.

CARRO, MILONAS, ELLERIN and WALLACH, JJ., concur.

SULLIVAN, J.

This appeal presents the issue of whether a Referee in a mortgage foreclosure proceeding, appointed both to compute and to sell at public auction premises as to which the city had previously taken title in an in rem tax foreclosure proceeding, had the authority to apply, pursuant to Administrative Code of the City of New York § 11-424 (f), for a...

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