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Real Property Law
Mortgagee's Action to Vacate Tax Sale Should Not Have Been Dismissed Even Though Redemption Period Had Expired
Newrez, LLC v. City of Middletown, 2023 WL 3215240, AppDiv, Second Dept. (memorandum opinion)
In mortgagee's action to determine adverse claims to real property, the mortgagee appealed from Supreme Court's order denying mortgagee's motion to vacate an order dismissing its complaint. The Appellate Division reversed, holding that the complaint should not have been dismissed even though the mortgagee moved to vacate a tax sale after the redemption period had expired.
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