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Stebila v. Mitrany

Appellate Division of the Supreme Court of New York, Second Department
Nov 7, 1966
26 A.D.2d 940 (N.Y. App. Div. 1966)

Opinion

November 7, 1966


In an action to invalidate a tax sale and tax deed, and for other related relief, defendants comprising Elma Land Co., as partners and individually, appeal from an order of the Supreme Court, Suffolk County, entered January 12, 1966, which (1) denied their motion inter alia to dismiss each of the causes in the amended complaint on the grounds that each of them is barred by the Statute of Limitations and fails to state a cause of action, (2) granted plaintiffs summary judgment on their second cause of action and (3) directed cancellation of the tax sale and the tax deed. Order affirmed, without costs ( Proschuk v. Erlwein, 22 A.D.2d 1018). In our opinion, the amended complaint relates back to the original complaint. Beldock, P.J., Ughetta, Rabin, Hopkins and Benjamin, JJ., concur.


Summaries of

Stebila v. Mitrany

Appellate Division of the Supreme Court of New York, Second Department
Nov 7, 1966
26 A.D.2d 940 (N.Y. App. Div. 1966)
Case details for

Stebila v. Mitrany

Case Details

Full title:MICHAEL STEBILA et al., Respondents, v. LEON D. MITRANY et al.…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Nov 7, 1966

Citations

26 A.D.2d 940 (N.Y. App. Div. 1966)

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Courts construing a similar provision in section 71 of the Suffolk County Tax Act have held that an omission…