US Laws, Codes, Statutes & Cases

 
    §  11-412   Final judgment.   a.  The court shall determine upon proof
  and shall make finding upon  such  proof  whether  there  has  been  due
  compliance by the city with the provisions of this chapter.
    b.  The  court  shall  make  a final judgment awarding to the city the
  possession of any parcel described in the list of delinquent  taxes  not
  redeemed  or  withdrawn  as  provided in this chapter and as to which no
  answer is interposed as  provided  herein.  In  addition  thereto,  such
  judgment  shall  contain  a  direction to the commissioner of finance to
  prepare, execute and cause to be recorded a deed conveying to  the  city
  full  and complete title to such lands. Upon the execution of such deed,
  the city shall be seized of an estate in fee  simple  absolute  in  such
  land  and  all  persons,  including  the  state  of  New  York, infants,
  incompetents, absentees and non-residents who may have  had  any  right,
  title,  interest,  claim,  lien  or equity of redemption in or upon such
  lands shall be barred and forever foreclosed of all such  right,  title,
  interest,  claim,  lien  or  equity  of  redemption, except as otherwise
  provided in section 11-424 of this chapter. The appointment  and  tenure
  of  receivers,  trustees  or any other persons, including administrators
  under article seven-A of the real property actions and proceedings  law,
  appointed  by  an  order  of  a  court  to  manage  real property, shall
  terminate when title to such property vests in the city pursuant to  the
  provisions  of  this  chapter.  After  such termination, said receivers,
  trustees or administrators shall  be  accountable  to  the  courts  that
  appointed   them   for  the  faithful  performance  of  their  fiduciary
  obligations during the term of their appointment and to the city for any
  rents and income received by them for any period subsequent to the  date
  of the vesting of title in the city.
    If  the  city  serves  a  tenant in possession of a dwelling unit with
  notice of termination of tenancy on grounds other  than  non-payment  of
  rent,  the  acceptance  of  rent  for  the  first  forty-five days after
  termination  of  tenancy  by  anyone  other  than  an  employee  of  the
  department  designated  by the department to receive such rent shall not
  be deemed or construed as a waiver of the city's right to  initiate  and
  prosecute a proceeding to terminate the tenancy for good cause.
    c.   Every deed given pursuant to the provisions of this section shall
  be presumptive evidence that the action and all proceedings therein  and
  all  proceedings  prior thereto from and including the assessment of the
  lands affected and all notices required  by  law  were  regular  and  in
  accordance with all provisions of law relating thereto.  After two years
  from  the  date  of the recording of such deed, the presumption shall be
  conclusive, unless at the time that this subdivision  takes  effect  the
  two year period since the recording of the deed has expired or less than
  six  months of such period of two years remains unexpired, in which case
  the  presumption  shall  become  conclusive  six   months   after   this
  subdivision  takes  effect.    No  action  to set aside such deed may be
  maintained unless the action is commenced and a notice  of  pendency  of
  the  action  is  filed in the office of the proper county clerk prior to
  the time that the presumption becomes conclusive as aforesaid.