ISCA ENTERS. v. CITY OF N. Y.


77 N.Y.2d 688 (1991)

In the Matter of ISCA Enterprises, Individually and as Successor in Interest and Assigenee of Greater New York Savings Bank et al., Appellant, v. City of New York et al., Respondents. Linton Campbell et al., Respondents, v. City of New York, Appellant.

Court of Appeals of the State of New York.

Decided May 2, 1991.


Attorney(s) appearing for the Case

Herbert Rubin, Michael A. Drobenare, David B. Hamm and Miriam Skolnik for appellant in the first above-entitled proceeding.

Victor A. Kovner, Corporation Counsel (Pamela Seider Dolgow, Leonard Koerner and Gary Marton of counsel), for respondents in the first above-entitled proceeding.

Victor A. Kovner, Corporation Counsel (Pamela Seider Dolgow, Leonard Koerner and Gary Marton of counsel), for appellant in the second above-entitled action.

Richard Jankell and Paul L. Beck for respondents in the second above-entitled action.

Stuart M. Fischman and Jill F. Hunter for New York State Land Title Association, amicus curiae in the second above-entitled action.

Chief Judge WACHTLER and Judges SIMONS, ALEXANDER, HANCOCK, JR., and BELLACOSA concur; Judge TITONE taking no part.


KAYE, J.

A former mortgagee in the first appeal and former property owners in the second, challenge the constitutionality of New York City's "notice-by-request" procedure for in rem tax foreclosure actions, asking that the tax deeds on the subject properties be declared void and their interests restored. We resolve both appeals in the City's favor, the first in the ground that petitioner mortgagee had actual...

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