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Decided on March 28, 2007
Supreme Court, Broome County
Peter G. Cafferty and William C. Brunner, Plaintiffs,
against
John E. Cahill in his capacity as REAL PROPERTY TAX SERVICE
DIRECTOR FOR THE COUNTY OF BROOME, REAL PROPERTY
TAX SERVICE FOR THE COUNTY OF BROOME, COUNTY OF
BROOME. SYED & NOREEN JAFRI, ROBERT & BARBARA
HAGEN, HEATH ANDREW HARPELL, MARK KOVALESKI,
COREY REAL ESTATE ASSOCIATES, LLC, ALI A. MARHABA,
WILLIAM R. FLETCHER, LAWRENCE FOSTER, and JOHN
BRANT, Defendants.







2005-2133
PETER G. CAFFERTY Plaintiff Pro Se 219 G.A.F. Lake Road Windsor, New York 13865 WILLIAM C. BRUNNER, Pro Se Plaintiff Pro Se 1018 Southern Pines Drive Endwell, New York 13760 JOSEPH SLUZAR Broome County Attorney By:Robert G. Behnke, of counsel Chief Assistant County Attorney Broome County Attorney's Office Edwin L. Crawford County Office Bldg.
P.O.
Box 1766 Binghamton, New York 13902 BUTLER & BUTLER, P.C. By:Earl D. Butler, Esq. Attorneys for Defendants, Robert & Barbara Hagen, Mark Kovaleski and Corey Real Estate

Associates 231-241 Main Street Vestal, New York 13850 LEVENE, GOULDIN & THOMPSON, LLP By:Scott R. Kurkoski, Esq. Attorneys for Defendant, Ali A. Marhaba

P.O.
Box F-1706

Binghamton, New York 13902-0106 McDONOUGH & ARTZ, P.C. By: Philip J. Artz, Esq. Attorneys for Defendant, Lawrence Foster 117 Hawley Street Binghamton, New York 13901 POPE, SCHRADER & SACCO, LLP By:Kurt Schrader, Esq. Attorneys for Defendant, John Brant 20 Hawley Street

P.O.
Box 510 Binghamton, New York 13902 Phillip R. Rumsey, J.


Plaintiff Peter Cafferty is the former owner of a large amount of real property in Broome County, on which he and his business partner, plaintiff William Brunner, planned to construct a 160-home development. The development project was never completed, and plaintiffs experienced financial difficulties, including difficulty paying property taxes. [*2]
In February 1998, in preparation for a tax foreclosure proceeding, the County issued a list of delinquent taxes "for 1995 and other years," which included liens against Cafferty's properties in the following amounts: $27,722.37 plus interest from October 10, 1995, and $414.21 plus interest from October 10, 1996. Cafferty made some payments thereafter, but not, in the County's view, enough to satisfy his entire debt, which included not only the aforementioned sums, but all amounts due on prior installment payment plans (some of which included taxes assessed in 1994 and prior years). According to the County, Cafferty would have had to pay over $250,000 to stave off the pending foreclosure (Affidavit of Peter G. Cafferty, dated December 1, 2006,

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