Jones v. City of White Plains

Full title: WILLIAM A. JONES, Appellant, v. CITY OF WHITE PLAINS et al., Respondents

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

Date published: Oct 2, 1995

220 A.D.2d 388 (N.Y. App. Div. 1995)

632 N.Y.S.2d 22

Opinion

October 2, 1995

Appeal from the Supreme Court, Westchester County (Ingrassia, J.).

Ordered that the order is affirmed, with costs.

Contrary to the plaintiff's assertions on appeal, a plenary action pursuant to RPTL 1136 is not the exclusive manner by which to challenge the issuance of a tax deed (see, Matter of Tax Foreclosure No. 35, 127 A.D.2d 220, affd 71 N.Y.2d 863). Thus, the order dated June 13, 1991, in the underlying foreclosure action which denied the plaintiff's motion to vacate the judgment of foreclosure was properly given res judicata effect (see, Smith v Russell Sage Coll., 54 N.Y.2d 185; Couri v. Westchester Country Club, 186 A.D.2d 715). Sullivan, J.P., Thompson, Ritter and Friedmann, JJ., concur.