Opinion
March 6, 1950.
In an action to foreclose a transfer of tax lien, defendants Eccles appeal from an order granting the plaintiff's motion for summary judgment and denying their cross motion for summary judgment. Order affirmed, with $10 costs and disbursements. None of these defendants can question the power of the plaintiff to purchase the tax lien sought to be foreclosed. ( Lancaster v. Amsterdam Improvement Co., 140 N.Y. 576.) The affidavits below alleged that the lessor was George W. Eccles. There was no statement of any fact showing he rented as agent for any one else. These defendants do not set forth facts showing that any of them is a member of plaintiff, or that they have succeeded to any title which was in George W. Eccles. Plaintiff is not by this action asserting a claim in hostility to that title. (Cf. Wernick v. Mehl Realty Co., 190 Misc. 400.) Carswell, Acting P.J., Johnston. Adel, Sneed and MacCrate, JJ., concur.