SWALG DEVELOPMENT CORP. v. GAINES


274 A.D.2d 385 (2000)

710 N.Y.S.2d 619

SWALG DEVELOPMENT CORP., Appellant, v. SPENCER H. GAINES et al., Respondents, et al., Defendant.

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

Decided July 3, 2000.


Ordered that the order and judgment is reversed, on the law, the motion is denied, and the complaint is reinstated insofar as asserted against the respondents.

On January 9, 1985, the plaintiff purchased certain real property from the City of New York at a public auction. Under the terms of the auction, the plaintiff waived any objection to the City's title unless such objection was made within 30 days after the date of the auction. The plaintiff did not object to...

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