Civic Investors Corp. v. Hagen

Appellate Division of the Supreme Court of New York

Civic Investors Corp. v. Hagen

263 A.D. 997, 33 N.Y.S.2d 513, 1942 N.Y. App. Div. LEXIS 7825

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMarch 9, 1942

StatusPublished

This text of 263 A.D. 997 (Civic Investors Corp. v. Hagen) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Civic Investors Corp. v. Hagen, 263 A.D. 997, 33 N.Y.S.2d 513, 1942 N.Y. App. Div. LEXIS 7825 (N.Y. Ct. App. 1942).

Pincite

Opinion

Order on reargument, denying plaintiff’s motion to cancel certain tax liens held by the village of North Tarrytown, and vacating and setting aside the original order granting such motion, affirmed, with ten dollars costs and disbursements. The issue of priority between plaintiff’s lien and the prior liens of the village of North Tarry-town was presented by the complaint and demand for judgment therein, for which [998]*998purpose the village was made a party defendant. The village defaulted. Nevertheless, the judgment of foreclosure as entered did not adjudicate that plaintiff’s lien was superior to the village liens in question. On the contrary, the adjudication as contained in the judgment is simply that plaintiff’s lien is superior to all other liens “ which became liens on the said premises on or after February 1st, 1938.” The village liens in question were such prior to that time. The only issue which is presented by this motion is whether or not the judgment of foreclosure adjudicated the subordination of the prior liens of the village. Lazansky, P. J., Hagarty, Carswell, Adel and Taylor, JJ., concur.

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Order on reargument, denying plaintiff’s motion to cancel certain tax liens held by the village of North Tarrytown, and vacating and setting aside the original order granting such motion, affirmed, with ten dollars costs and disbursements. The issue of priority between plaintiff’s lien and the prior liens of the village of North Tarry-town was presented by the complaint and demand for judgment therein, for which [998]*998purpose the village was made a party defendant. The village defaulted. Nevertheless, the judgment of foreclosure as entered did not adjudicate that plaintiff’s lien was superior to the village liens in question. On the contrary, the adjudication as contained in the judgment is simply that plaintiff’s lien is superior to all other liens “ which became liens on the said premises on or after February 1st, 1938.” The village liens in question were such prior to that time. The only issue which is presented by this motion is whether or not the judgment of foreclosure adjudicated the subordination of the prior liens of the village. Lazansky, P. J., Hagarty, Carswell, Adel and Taylor, JJ., concur.

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Bluebook (online)

263 A.D. 997, 33 N.Y.S.2d 513, 1942 N.Y. App. Div. LEXIS 7825, Counsel Stack Legal Research, https://law.counselstack.com/opinion/civic-investors-corp-v-hagen-nyappdiv-1942.