NYCTL 1996-1 Trust v. Malihan

Appellate Division of the Supreme Court of New York

NYCTL 1996-1 Trust v. Malihan

276 A.D.2d 443, 715 N.Y.S.2d 51, 2000 N.Y. App. Div. LEXIS 11062

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

DecidedOctober 31, 2000

StatusPublished

This text of 276 A.D.2d 443 (NYCTL 1996-1 Trust v. Malihan) 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

NYCTL 1996-1 Trust v. Malihan, 276 A.D.2d 443, 715 N.Y.S.2d 51, 2000 N.Y. App. Div. LEXIS 11062 (N.Y. Ct. App. 2000).

Pincite

Opinion

Order, Supreme Court, New York County (Richard Braun, J.), entered on or about September 2, 1999, which, to the extent appealed and cross-appealed from, denied third-party defendant Continental Abstract Corporation’s motion for partial summary judgment to limit its damages to a maximum of $12,168.94, and denied defendant and third-party plaintiff Amie A. Malihan’s cross-motion for complete summary judgment as against Continental, unanimously modified, on the law, to grant Continental’s motion, and otherwise affirmed, without costs.

Although Continental, the title abstract company retained by Malihan at the closing on her purchase of a professional condominium, concedes some liability, in that it admittedly failed to remit to the taxing authorities sums due for real estate taxes, which led to an earlier order granting conditional partial summary judgment, nevertheless, Malihan failed to mitigate her damages, by failing to ascertain the reason for the tax delinquency notice in the amount of $12,168.94 in October 1993 and in defaulting on her in rem agreement with the Department of Finance to pay back that amount in installments. Accordingly, Continental’s liability is limited to a maximum of $12,168.94. Concur — Ellerin, J. P., Wallach, Lemer and Friedman, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

Order, Supreme Court, New York County (Richard Braun, J.), entered on or about September 2, 1999, which, to the extent appealed and cross-appealed from, denied third-party defendant Continental Abstract Corporation’s motion for partial summary judgment to limit its damages to a maximum of $12,168.94, and denied defendant and third-party plaintiff Amie A. Malihan’s cross-motion for complete summary judgment as against Continental, unanimously modified, on the law, to grant Continental’s motion, and otherwise affirmed, without costs.

Although Continental, the title abstract company retained by Malihan at the closing on her purchase of a professional condominium, concedes some liability, in that it admittedly failed to remit to the taxing authorities sums due for real estate taxes, which led to an earlier order granting conditional partial summary judgment, nevertheless, Malihan failed to mitigate her damages, by failing to ascertain the reason for the tax delinquency notice in the amount of $12,168.94 in October 1993 and in defaulting on her in rem agreement with the Department of Finance to pay back that amount in installments. Accordingly, Continental’s liability is limited to a maximum of $12,168.94. Concur — Ellerin, J. P., Wallach, Lemer and Friedman, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

276 A.D.2d 443, 715 N.Y.S.2d 51, 2000 N.Y. App. Div. LEXIS 11062, Counsel Stack Legal Research, https://law.counselstack.com/opinion/nyctl-1996-1-trust-v-malihan-nyappdiv-2000.