Flushing Savings Bank v. Tag Pipe Inc.

Appellate Division of the Supreme Court of New York

Flushing Savings Bank v. Tag Pipe Inc.

236 A.D.2d 510, 654 N.Y.S.2d 621, 1997 N.Y. App. Div. LEXIS 1338

Appellate Division of the Supreme Court of the State of New York·Decided February 18, 1997·Published

Opinion

—In an action to foreclose a mortgage upon real property, the defendant Tag Pipe, Inc., appeals from an order of the Supreme Court, Suffolk County (Underwood, J.), dated September 25, 1995, which denied its motion, inter alia, to vacate a judgment of foreclosure and sale.

Ordered that the order is affirmed, with costs.

Under the circumstances of this case, the court properly determined that the appellant was barred by the doctrine of laches from moving to set aside the judgment of foreclosure and sale (see, Amsterdam Sav. Bank v City View Mgt. Corp., 45 NY2d 854; First Nationwide Bank v Calano, 223 AD2d 524). O’Brien, J. P., Joy, Friedmann and Florio, JJ., concur.

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—In an action to foreclose a mortgage upon real property, the defendant Tag Pipe, Inc., appeals from an order of the Supreme Court, Suffolk County (Underwood, J.), dated September 25, 1995, which denied its motion, inter alia, to vacate a judgment of foreclosure and sale.

Ordered that the order is affirmed, with costs.

Under the circumstances of this case, the court properly determined that the appellant was barred by the doctrine of laches from moving to set aside the judgment of foreclosure and sale (see, Amsterdam Sav. Bank v City View Mgt. Corp., 45 NY2d 854; First Nationwide Bank v Calano, 223 AD2d 524). O’Brien, J. P., Joy, Friedmann and Florio, JJ., concur.

Flushing Savings Bank v. Tag Pipe Inc., 236 A.D.2d 510, 654 N.Y.S.2d 621, 1997 N.Y. App. Div. LEXIS 1338 (N.Y. Ct. App. 1997).

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236 A.D.2d 510 (Flushing Savings Bank v. Tag Pipe Inc.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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