Opinion
November 19, 1951.
In an action in rem to foreclose a tax lien on appellant's property, an order was made denying a motion directing the City of New York to accept payment of open taxes and water charges and directing that upon such payment the action be discontinued as to such property. The motion was denied on the ground that, even though the owner had interposed an answer in the foreclosure action before the last day fixed in the notice of foreclosure for redemption or answering, the offer to pay the taxes was not made until after the last day so fixed. Subsequently an order was made granting reargument and adhering to the original determination. Appeals have been taken from both orders. Order, on reargument, affirmed, with $10 costs and disbursements. Appeal from original order dismissed, without costs. No opinion. Carswell, Acting P.J., Johnston, Adel, Wenzel and MacCrate, JJ., concur.