Kiamesha Development Corporation, Appellant, Plaintiff v. Guild Properties, Inc., Respondent…

Summary

The New York Court of Appeals held that the two‑year limitation in Tax Law §§131 and 132 does not bar Kiamesha Development Corp.'s action to cancel the tax deed because the alleged defects fall within the category of jurisdictional defects that may be raised within five years. The court also held that the tax certificate issued to Guild Properties, Inc. was void because the corporation did not exist at the time of issuance. Accordingly, the trial court's judgment was reinstated and the Appellate Division's reversal was reversed.