Justice Robert J. Muller


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City of Glen Falls commenced this RPTL Article 11 proceeding in Dec. 2014 in which certain commercial premises were among properties to be foreclosed upon, including 222 Maple St. premises owner. C-Mett Group was served with notice but failed to appear, and the city was granted a default judgment against C-Mett with a deed transferring the premise to the city. C-Mett moved to vacate the default judgment against it. The court noted a motion to re-open a default judgment of tax foreclosure could not be brought later than 30 days after the judgment’s entry, stating the statute of limitations applied even where an owner claimed it was not notified of the foreclosure proceeding. It stated more than two years passed since entry of the order granting the default judgment, concluding C-Mett was not entitled to the relief requested. The court ruled the limitations period within RPTL 1131 applied despite C-Mett’s claims it was neither notified of the foreclosure proceeding, served with a copy of the foreclosure proceeding, nor a copy of the order granting the default judgment. It held C-Mett’s assertion that it was not notified merit-less, as the record contained a copy of the affidavit of service. Thus, vacatur of the default was denied.