From Casetext: Smarter Legal Research

Goldstein v. Edwards

Appellate Division of the Supreme Court of New York, Fourth Department
Apr 3, 1981
81 A.D.2d 752 (N.Y. App. Div. 1981)

Opinion

April 3, 1981

Appeal from the Cattaraugus Supreme Court.

Present — Cardamone, J.P., Doerr, Denman, Moule and Schnepp, JJ.


Order unanimously affirmed, with costs. Memorandum: The court properly granted plaintiffs' motion for summary judgment setting aside a deed to real property following an in rem tax foreclosure proceeding (Real Property Tax Law, art 11, tit 3 [§ 1120 et seq.]) conducted by the County of Cattaraugus. The county failed to make an evidentiary showing that it strictly complied with the notice provisions of the statute (Real Property Tax Law, § 1124, subd 2; and see Wiesniewski v Basinait, 59 A.D.2d 1028). In response to plaintiffs' claim that no foreclosure notice was received the county contends that the foreclosure notice was mailed to plaintiffs, but its answering affidavits do not state the address to which the notice was sent or any details concerning its transmittal and do not contradict plaintiffs' evidentiary allegations that the county had plaintiffs' address within its own records. To defeat a motion for summary judgment, once a prima facie showing has been made, one must disclose in evidentiary form the evidence on which he relies. Bald conclusory assertions, even if believable, are not enough to defeat summary judgment (Zuckerman v City of New York, 49 N.Y.2d 557; Goldstein v County of Monroe, 77 A.D.2d 232, 236; Chemical Bank v Queen Wire Nail, 75 A.D.2d 999; Marine Midland Bank v Hall, 74 A.D.2d 729).


Summaries of

Goldstein v. Edwards

Appellate Division of the Supreme Court of New York, Fourth Department
Apr 3, 1981
81 A.D.2d 752 (N.Y. App. Div. 1981)
Case details for

Goldstein v. Edwards

Case Details

Full title:JACOB GOLDSTEIN et al., Respondents, v. BARBARA L. EDWARDS, as Treasurer…

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

Date published: Apr 3, 1981

Citations

81 A.D.2d 752 (N.Y. App. Div. 1981)

Citing Cases

Warren W. Scott and Son v. Am. Buildings Co.

The affidavit submitted by plaintiff Glenn Scott on the motions to renew was insufficient to meet plaintiffs'…

Tucciarone v. Auto. Club of Syracuse, Inc.

Supreme Court properly granted plaintiff partial summary judgment on the fourth cause of action. Defendant's…