AMALGAMATED DWELLINGS, INC. v. DERGOSITS

9717, 160393/16.

173 A.D.3d 599 (2019)

104 N.Y.S.3d 102

2019 NY Slip Op 05085

Amalgamated Dwellings, Inc., et al., Appellants, v. John Dergosits, Plaintiff, and City of New York et al., Respondents.

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

Decided June 25, 2019.


This General Municipal Law § 51 taxpayer claim against the City and Hillman, seeking to set aside the 1949 Deed and related declaratory and injunctive relief, alleges that the conveyance of the street beds to Hillman in 1949 violated the terms of the deed. Plaintiffs further alleged that the City's failure to exercise its reversionary interest to recover the property after Amalgamated put the City on notice of this in 2007 resulted in a gratis donation of the property...

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