Section 11-335. Foreclosure of tax liens  


Latest version.
  • If the amount of any tax lien which
      shall  have been transferred by a tax lien certificate shall not be paid
      when under its terms and  the  provisions  of  section  11-332  of  this
      chapter  such  amount  shall  be  due,  the  holder  of  such  tax  lien
      certificate may maintain an action in the  supreme  court  to  foreclose
      such  tax lien. The holder of such tax lien certificate shall notify the
      commissioner of finance or his or her designee in writing whenever he or
      she commences such action at the time of  filing  of  such  action,  and
      shall notify the commissioner of finance in writing of the resolution of
      such action, including any settlement of such action, within thirty days
      of  such  resolution.  In  an  action to foreclose a tax lien any person
      shall be a proper party of whom the plaintiff alleges that  such  person
      has  or  may  have or that the plaintiff has reason to believe that such
      person has or may have  an  interest  in  or  claim  upon  the  property
      affected  by  the  tax lien. A plaintiff in an action to foreclose a tax
      lien shall recover  reasonable  attorney's  fees  for  maintaining  such
      action.  Except  as  otherwise  provided  in  this  chapter an action to
      foreclose a tax lien shall be regulated by the provisions of  the  civil
      practice  law and rules and by all other provisions of law, and rules of
      practice applicable to actions to foreclose mortgages on real  property.
      The  people of the state of New York or the city of New York may be made
      party to an action to foreclose a tax lien  in  the  same  manner  as  a
      natural person. Where the people of the state of New York or the city of
      New  York  are  made a party defendant the complaint shall set forth, in
      addition to the other matters required to be set forth by law,  detailed
      facts  showing  the  particular nature of the interest in or the lien on
      such property of the people of the state of New York or the city of  New
      York,  and  detailed facts showing the particular nature of the interest
      in or the lien on such property which plaintiff has  reason  to  believe
      that the people of the state of New York or the city of New York have or
      may  have  in such property, and the reason for making the people of the
      state of New York or the city  of  New  York  a  party  defendant.  Upon
      failure  to  state such facts the complaint shall be dismissed as to the
      people of the state or the city of New York.