In re Foreclosure of Tax Liens by Proceedings in Rem Pursuant to Article Eleven of the Real Prop. Law by the City of Glens Falls, 59784.

Citation65 N.Y.S.3d 491 (Table)
Decision Date17 August 2017
Docket NumberNo. 59784.,59784.
Parties In the Matter of the FORECLOSURE OF TAX LIENS BY PROCEEDINGS IN REM PURSUANT TO ARTICLE ELEVEN OF THE REAL PROPERTY LAW BY THE CITY OF GLENS FALLS.
CourtUnited States State Supreme Court (New York)

Carter, Conboy, Case, Blackmore, Maloney & Laird, P.C., Albany (William C. Firth, of counsel), for Petitioner, City of Glens Falls.

Livingston T. Coulter, Schuylerville, for Respondent, The C. Mett Group Trust.

ROBERT J. MULLER, J.

In December 2014, petitioner City of Glens Falls (hereinafter the City) commenced this RPTL article 11 proceeding. Certain commercial premises located at 222 Maple Street in the City of Glens Falls, Warren County were among the several properties sought to be foreclosed upon. Respondent C–Mett Group (hereinafter C–Mett)—the owner of the premises—was served with notice of the proceeding and failed to appear. As such, by Order dated May 1, 2015 and entered on May 4, 2015, the City was granted a default judgment as against C–Mett. A deed transferring the subject premises to the City was thereafter recorded on May 13, 2015. Presently before the Court is C–Mett's motion to vacate the default judgment issued against it.'

"A motion to reopen a default judgment of tax foreclosure ‘may not be brought later than one month after entry of the judgment’ " ( Matter of Foreclosure of Tax Liens by County of Clinton [Tupaz], 17 AD3d 914, 915 [2005], quoting RPTL 1131 ; accord Matter of County of Clinton [Greenpoint Assets, Ltd.], 116 AD3d 1206, 1207 [2014] ; see Matter of County of Sullivan [Dunne–Town of Bethel], 111 AD3d 1232, 1234 [2013] ). This statute of limitations applies even where the property owner asserts that it was not notified of the foreclosure proceeding (see Matter of County of Clinton [Greenpoint Assets, Ltd.], 116 AD3d at 1207 ; see Matter of County of Sullivan [Dunne–Town of Bethel], 111 AD3d at 1234 ; Matter of County of Herkimer [Moore], 104 AD3d 1332, 1333 [2013] ). The failure to provide the property owner with notice of entry of the default judgment of foreclosure similarly "does not affect or extend the statutory limitations period for motions to reopen default judgments under RPTL 1131" ( Matter of County of Clinton[Bouchard], 29 AD3d 79, 82 [2006] ; see Matter of Tax Liens by County of Clinton [Fortunatus], 299 A.D.2d 774, 774–775 [2002], lvs dismissed 99 N.Y.2d 610 [2003], 100 N.Y.2d 574 [2003] ).

Here, more than two years have passed since entry of the Order granting a default judgment. C–Mett is not entitled to the requested relief. Indeed, the statute of limitations set forth in RPTL 1131 applies notwithstanding C–Mett's contentions that it was neither notified of the foreclosure proceeding nor served with a copy of the foreclosure proceeding nor served with a copy of the Order granting a default judgment.1

Therefore, based upon the foregoing analysis and upon review of the papers as enumerated hereinafter; the Order To Show Cause dated June 1, 2017, the supporting Affirmation of Livingston T. Coulter, Esq., dated May 31, 2017 together with Exhibits "1"...

To continue reading

Request your trial
4 cases
  • Hope Horizon Realty v. Johnson, 2077–16.
    • United States
    • New York City Court
    • August 21, 2017
    ... ... 207716.City Court, City of Mount Vernon, New York.Aug. 21, ... 32 N.Y.2d 720 [1973] ; Matter of Paulsen Real Estate Corp. v. Grammick, 244 A.D.2d 340 [1997] ... that breach of the lease ( Megalopolis Prop. Assn. v. Buvron, 110 A.D.2d 232, 235236, 494 ... defense in residential non-payment proceedings ( RPL 235b ). The warranty of habitability is ... ...
  • K.A. v. M.S.
    • United States
    • New York County Court
    • August 25, 2017
    ... ... During the child support proceedings and based on Support Magistrate Hirschman's ... McMahon v ... City of NY, 105 A.D.2d 101, 104, 483 N.Y.S.2d 228, 230 ... on fraud, which is a legitimate basis pursuant to both statute and case law. This Court finds ... ...
  • Crichigno v. Pac. Park 550 Vanderbilt, LLC
    • United States
    • New York Supreme Court
    • August 17, 2017
    ... ... sequence number five, for an order (1) pursuant to CPLR 3212 granting summary judgment in his ... Seferovic v. Atl. Real Estate Holdings, LLC, 127 AD3d 1058, 1060 (2d ... ...
  • Costello v. City of N.Y.
    • United States
    • New York Supreme Court
    • August 30, 2017
    ... ... leave to file a late notice of claim pursuant to General Municipal Law 50e, but does not offer ... ...

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT