Matter of Tax Foreclosure No. 35. City of New York
Cases that cite this one
20 later published cases cite this decision.
- Nitchie Barrett Realty Corp. v. Biderman (District Court, S.D. New York 1988)
- King Center Corp. v. City of Middletown (In re King Center Corp.) (United States Bankruptcy Court, E.D. New York 2017)
- Small Engine Shop, Inc. v. Concetta Cangelosi Cascio, Don Hathaway (5th Cir. 1989)
- Township of Jefferson v. Block 447A, Lot 10 (N.J. Super. Ct. App. Div. 1988)
- Matter of Foreclosure of Tax Liens (Appellate Division of the Supreme Court of New York 2023)
- Dennard v. City of Buffalo Examining Board of Plumbers (Appellate Division of the Supreme Court of New York 2015)
- Dennard v. City of Buffalo Examining Board of Plumbers (Appellate Division of the Supreme Court of New York 2015)
- Oznor Corp. v. County of Monroe (Appellate Division of the Supreme Court of New York 2009)
- Gillen v. Incorporated Village of Valley Stream (Appellate Division of the Supreme Court of New York 2007)
- Grant v. In Rem Foreclosure Release Board (Appellate Division of the Supreme Court of New York 1996)
- Jones v. City of White Plains (Appellate Division of the Supreme Court of New York 1995)
- L & O Realty Corp. v. New York City Department of Housing Preservation & Development (Appellate Division of the Supreme Court of New York 1994)
- Diamond L. & M. Ranch Enterprises v. City of New York Department of Finance (Appellate Division of the Supreme Court of New York 1994)
- Tax Foreclosure Action No. 34 v. City of New York (Appellate Division of the Supreme Court of New York 1993)
- In re Foreclosure Action No. 39 (Appellate Division of the Supreme Court of New York 1992)
- Napolitano v. Biderman (Appellate Division of the Supreme Court of New York 1991)
- Solomon v. City of New York (Appellate Division of the Supreme Court of New York 1991)
- In re the City of New York (Appellate Division of the Supreme Court of New York 1991)
- Upper East Side Community Development Corp. v. City of New York Division of Real Property (Appellate Division of the Supreme Court of New York 1991)
- ISCA Enterprises v. City of New York (Appellate Division of the Supreme Court of New York 1990)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be affirmed, with costs.
Appellant property owner in this in rem tax foreclosure action by the City seeks to set aside a default judgment and redeem his former property, contending that the Administrative Code of the City of New York §§ D17-16.0, D17-17.0 (now §§ 11-416, 11-417) denied him due process by the failure to *865 provide for actual notice to all property owners prior to tax foreclosure (see, Matter of McCann v Scaduto, 71 NY2d 164). Petitioner’s challenge must be rejected, however, and the Appellate Division order affirmed, without reaching the constitutional issue. After learning of the judgment of foreclosure, appellant requested of the City essentially the same relief he now seeks of the courts. Appellant was advised that his request had been granted and the City’s interest in the property would be released if, within a given time, he paid the taxes, interest and penalties. For nearly two years thereafter appellant, however, took no action to make the payments or redeem the property. Having failed to avail himself of the right to redeem granted upon his request, appellant cannot now be heard to complain of a deprivation of due process in the forfeiture of the property (see, e.g. Selzer v Baker, 295 NY 145, 149).
Chief Judge Wachtler and Judges Simons, Kaye, Alexander, Hancock, Jr., and Bellacosa concur; Judge Titone taking no part.
On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), order affirmed, with costs, in a memorandum. Certified question answered in the affirmative.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.