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Weinstein v. All State Credit Corporation, Carew

Court of Appeals of the State of New York
Nov 30, 1972
31 N.Y.2d 835 (N.Y. 1972)

Opinion

Argued October 31, 1972

Decided November 30, 1972

Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, MARIO PITTONI, J.

William E. Seward and John A. Anderson for appellants.

Stanley Beals and Albert M. Goldberg for respondent.


Order reversed, with costs in all courts, and the case remitted to Special Term for further proceedings in accordance with the following memorandum: The order of the Appellate Division should be reversed, with costs in all courts, and plaintiff's motion for summary judgment denied. The proof of notice of redemtion did not comply with the amended section 5-51.0 (subd. c) of the Nassau County Administrative Code in that it did not disclose the "means by which the last known address was ascertained". Strict compliance with the proof of notice provision was required before the tax deed could be executed (Nassau County Administrative Code, § 5-53.0, subd. 4). It makes no difference that the parties and even the courts below were understandably not aware of the amendment to the applicable statute. All were charged with the law extant. See, generally, as to strict compliance with statutes of like kind ( Clason v. Baldwin, 152 N.Y. 204, 210; Matter of Vivenzio v. City of Utica, 58 Misc.2d 571, 572, affd. 33 A.D.2d 657).

Concur: Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN, BREITEL, JASEN and GIBSON.


Summaries of

Weinstein v. All State Credit Corporation, Carew

Court of Appeals of the State of New York
Nov 30, 1972
31 N.Y.2d 835 (N.Y. 1972)
Case details for

Weinstein v. All State Credit Corporation, Carew

Case Details

Full title:MORRIS WEINSTEIN, Respondent, v. ALL STATE CREDIT CORPORATION et al.…

Court:Court of Appeals of the State of New York

Date published: Nov 30, 1972

Citations

31 N.Y.2d 835 (N.Y. 1972)
339 N.Y.S.2d 682
291 N.E.2d 725

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