Legal Question in Civil Litigation in New York

can I sue a municipality under any other statute than Article 78 proceeding?

Suffolk County failed to return a deposit at a tax foreclosure sale I already served them a notice of claim and we already had a 50H hearing. i want to get it into to suit and under article 78 it must be done within 120 days that is long past. let me know thank you Dale


Asked on 12/25/09, 10:30 am

1 Answer from Attorneys
Michael Markowitz Michael A. Markowitz, PC

An Article 78 proceeding is based on a decision after an administration hearing. If you failed to receive return of your deposit at a tax foreclosure sale, you would be suing the County for either breach of contract or money had and received. It would not be an Article 78 petition.

Mike.

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Answered on 12/30/09, 10:38 am


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