Bamonte v. Ocean Beach-Fire Island Co.

Headnote

Real property ■— title — tax sales — action to determine title to real property — vahdity of tax sales.

Bamonte v. Ocean Beach-Fire Island Co., 222 App. Div. 676 , affirmed.

Appeal from a judgment, entered December 28, 1927, upon an order of the Appellate Division of the Supreme Court in the second judicial department, reversing a judgment in favor of defendants entered upon a decision of the court on trial at Special Term and directing judgment in favor of plaintiff. The action was to compel determination of a claim to real property consisting of certain beach lands in the town of Islip. Both plaintiff and defendant Ocean Beach-Fire Island Company claimed through county treasurer’s deeds upon tax sales. The Appellate Division held that the publication of the notices of sale for the taxes levied in 1918 and 1919 was not in compliance with the statute applicable, and that, for such reason, the two deeds made by the county treasurer of Suffolk county to the defendant Ocean Beach-Fire Island Company, dated December 1, 1923, and January 31, 1924, are void and of no effect.