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IN REM TAX FORECLOSURE ACTION NO. 49 v. NEW YORK CITY DEPARTMENT OF LAW

4438, 580001/08, 590412/09 82.

82 A.D.3d 467 (2011)

920 N.Y.S.2d 5

IN REM TAX FORECLOSURE ACTION NO. 49, BOROUGH OF MANHATTAN, SECTIONS 2, 3, 4, 5, 6, 7 & TAX CLASSES 1 AND 2. RAMASAR HOLDING, INC., Third-Party Plaintiff-Appellant, v. NEW YORK CITY DEPARTMENT OF LAW et al., Third-Party Defendants-Respondents, et al., Third-Party Defendants.

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

Decided March 8, 2011.

The motion court properly dismissed the counterclaims and third-party claims since Administrative Code of the City of New York § 11-409 (c) prohibits counterclaims in a tax foreclosure action brought pursuant to Administrative Code § 11-401 et seq. Appellant cannot avoid the import of section 11-409 (c) by recharacterizing its counterclaims and third-party claims as defenses. Nor can it avoid the prohibition on...

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