ARTICLE TEN PROPS. v. KOCAK


164 A.D.2d 448 (1990)

Article Ten Properties, Ltd., Appellant, v. Robert Kocak, Respondent

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

December 27, 1990


Attorney(s) appearing for the Case

Parisi, De Lorenzo, Gordon, Pasquariello & Weiskopf (Christopher P. Flint of counsel), for appellant.

Stephen T. Rodriguez for respondent.

KANE, CASEY, WEISS and MERCURE, JJ., concur.


MAHONEY, P. J.

By tax deed dated October 3, 1974, plaintiff acquired a 50% interest in defendant's property in the Town of Duanesburg, Schenectady County, by paying $202.07 for unpaid 1972 taxes. Thereafter, in 1985 plaintiff commenced this action for partition demanding that the property be sold and that it be paid one half of the net proceeds. Defendant's answer asserted the affirmative defense of adverse...

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