Opinion
June 9, 1995
Appeal from the Erie County Court, D'Amico, J.
Present — Green, J.P., Fallon, Callahan, Doerr and Davis, JJ.
Order unanimously affirmed without costs. Memorandum: County Court properly denied plaintiff's application to set aside a foreclosure sale of property located in the City of Buffalo. The testimony of an employee of the Department of Assessment of the City of Buffalo, as well as documentary evidence, demonstrated that notice of the foreclosure had been sent to plaintiff at plaintiff's address, 114 Aldrich Place. That notice was sufficient (see, RPTL 1124; see also, Matter of Tax Foreclosure Action No. 34, 191 A.D.2d 679), and mere denial of receipt of the notice, standing alone, is insufficient to rebut the presumption that notice was received by plaintiff (see, Best v. City of Rochester, 195 A.D.2d 1073, 1074). The testimony of plaintiff's officer that he would not have knowingly allowed the property to be sold in foreclosure is likewise insufficient to rebut the presumption of notice (see, Law v. Benedict, 197 A.D.2d 808, 810). We do not consider this case to be an appropriate one for the exercise of this Court's equity jurisdiction (see generally, Polish Natl. Alliance v. White Eagle Hall Co., 98 A.D.2d 400, 407).