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MATTER OF TAX FORECLOSURE ACTION NO. 44 v. FAMILY HOUSE REAL ESTATE CORP.

2 A.D.3d 241 (2003)

769 N.Y.S.2d 246

In the Matter of TAX FORECLOSURE ACTION No. 44, BOROUGH OF THE BRONX. CITY OF NEW YORK, Respondent, v. FAMILY HOUSE REAL ESTATE CORP., Appellant.

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

December 16, 2003.

Respondent's conclusory denial of receipt of notice of the foreclosure action is insufficient to rebut the presumption of receipt raised by the deed conveying title to the City (see Matter of Tax Foreclosure Action No. 33, 141 A.D.2d 437, 437-438 [1988], appeal dismissed 73 N.Y.2d 915 [1989]). In any event, such presumption became conclusive...

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