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IN THE MATTER OF FORECLOSURE OF TAX LIENS

29 A.D.3d 791 (2006)

816 N.Y.S.2d 506

In the Matter of FORECLOSURE OF TAX LIENS. COUNTY OF ROCKLAND, Respondent; PIERMONT COMMERCIAL CORP., Appellant.

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

May 16, 2006.

Ordered that the judgment is reversed, on the law, with costs, the petitioner's motion is denied, the order dated December 17, 2004 is vacated, and the judgment dated August 24, 1999 is reinstated.

As the appellant correctly contends, the petitioner's motion to vacate, brought nearly five years after the deed was conveyed to the petitioner and recorded, was time-barred by the two-year statute of limitations contained in RPTL 1137 (see CDS Recoveries v Davis,

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