In re Foreclosure of 1996 Tax Liens

Appellate Division of the Supreme Court of New York

In re Foreclosure of 1996 Tax Liens

288 A.D.2d 956, 732 N.Y.S.2d 792, 2001 N.Y. App. Div. LEXIS 10736

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

DecidedNovember 9, 2001

StatusPublished

Cited by1 cases

This text of 288 A.D.2d 956 (In re Foreclosure of 1996 Tax Liens) 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.

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In re Foreclosure of 1996 Tax Liens, 288 A.D.2d 956, 732 N.Y.S.2d 792, 2001 N.Y. App. Div. LEXIS 10736 (N.Y. Ct. App. 2001).

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Opinion

—Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Supreme Court properly denied the motion of AmeriCU Credit Union, fZk/a Up State Federal Credit Union (Credit Union), for summary judgment dismissing the petition in this tax foreclosure proceeding but erred in sua sponte granting summary judgment to Jefferson County. There is an issue of fact whether the Credit Union or the Federal government owns the building (see generally, Zuckerman v City of New York, 49 NY2d 557, 562). We therefore modify the order by vacating the award of summary judgment to Jefferson County and reinstating the Credit Union’s answer. (Appeal from Order of Supreme Court, Jefferson County, Gilbert, J. — Summary Judgment.) Present— Pigott, Jr., P. J., Wisner, Hurlbutt, Kehoe and Lawton, JJ.

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—Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Supreme Court properly denied the motion of AmeriCU Credit Union, fZk/a Up State Federal Credit Union (Credit Union), for summary judgment dismissing the petition in this tax foreclosure proceeding but erred in sua sponte granting summary judgment to Jefferson County. There is an issue of fact whether the Credit Union or the Federal government owns the building (see generally, Zuckerman v City of New York, 49 NY2d 557, 562). We therefore modify the order by vacating the award of summary judgment to Jefferson County and reinstating the Credit Union’s answer. (Appeal from Order of Supreme Court, Jefferson County, Gilbert, J. — Summary Judgment.) Present— Pigott, Jr., P. J., Wisner, Hurlbutt, Kehoe and Lawton, JJ.

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Bluebook (online)

288 A.D.2d 956, 732 N.Y.S.2d 792, 2001 N.Y. App. Div. LEXIS 10736, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-foreclosure-of-1996-tax-liens-nyappdiv-2001.

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