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BARCLAY v. CITY OF NEW YORK

200 A.D.2d 360 (1994)

606 N.Y.S.2d 181

Patrick H. Barclay, Appellant, v. City of New York, Respondent

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

January 4, 1994

Plaintiff's motion to stay the in rem foreclosure proceeding was properly denied for failure to show an intentional overassessment or other deliberate misuse of taxing power (Grant Co. v Srogi, 52 N.Y.2d 496, 516-517).

Such intentional misconduct is not found in the fact that the City continued to tax the property even after its income producing potential had been allegedly destroyed by the City in a police action. Plaintiff...

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