Opinion
November 7, 1949.
Action for judgment declaring tax deeds to be invalid and directing their cancellation. Order denying motion of defendants La Grange, Commerdinger and Leeds to dismiss complaint for insufficiency, affirmed, with $10 costs and disbursements, with leave to said defendants to answer within ten days from the entry of the order hereon. In the absence of some controlling statute to the contrary, and none is invoked by the parties in this case, the lien of the mortgage constitutes such a property right as to enable the owner thereof in common with the original owner of the land ( Seafire, Inc., v. Ackerson, 275 App. Div. 717), to maintain an action to determine the validity of tax deeds ( Cromwell v. MacLean, 123 N.Y. 474, 494, 495). Carswell, Acting P.J., Johnston, Adel, Wenzel and MacCrate, JJ., concur.