Leave to intervene in quiet title action commenced by grantee of deed in a chain of title originating from a forged deed, granted to grantee of deed  in chain of title originating from valid deed. Intervenor’s deed was not recorded prior to filing of plaintiff’s notice of pendency. The default of intervenor’s predecessor in title did not bar intervention as the intervenor had a substantial interest in the litigation.

Appellate Division Second Department vacated tax lien sale on the basis the County failed to provide adequate notice of the tax sale. The premises was vacant land. The County was advised of the owner’s residence and was requested to mail tax invoices to such residence. Instead the County mailed tax invoices and notice of sale to attorneys adverse to the owners in a property damage action. County was advised of the incorrect address by the attorneys and failed to re-direct notices.

Fact issues preclude summary judgment dismissing claims for prescriptive easement. Issues existed whether the use of the common driveway was hostile or permissive.