Morganteen v. Brenner
Opinion of the Court
Ordered that the appeal from the order is dismissed; and it is further,
Ordered that the judgment is affirmed; and it is further,
Ordered that one bill of costs is awarded to the plaintiff.
The appeal from the intermediate order must be dismissed because the right of direct appeal therefrom terminated with the entry of judgment in the action (see Matter of Aho, 39 NY2d 241, 248 [1976]). The issues raised on the appeal from the order are brought up for review and have been considered on the appeal from the judgment (see CPLR 5501 [a] [1]).
The relevant facts are not in dispute. The County of Dutchess (hereinafter the County) foreclosed on an 11.10-acre parcel of vacant land in the Town of Dover (hereinafter the parcel) to enforce the payment of unpaid taxes. After a judgment was entered in its favor, the County recorded a tax sale deed on July 7, 1999, which, in reliance on a tax map prepared by the defendant Dutchess County Real Property Tax Service (hereinafter RPTS), described the location of the parcel as being within the plaintiffs property. The defendants Amy R. Brenner and James B. Leonard (hereinafter the defendants) entered into a contract to purchase the parcel from the County, and thereafter commissioned a survey. The surveyor, in reliance on the tax map prepared by RPTS, and without conducting a field survey, also located the parcel within the plaintiffs property. The defendants purchased the parcel in November 1999 and, relying on the survey they had commissioned, thereafter reconveyed title to the parcel to themselves.
The defendants’ remaining contentions are without merit. Miller, J.P., Ritter, Spolzino and Dillon, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.