Town of Harrison v. Valentine

Appellate Division of the Supreme Court of New York

Town of Harrison v. Valentine

264 A.D. 729, 34 N.Y.S.2d 54, 1942 N.Y. App. Div. LEXIS 4393

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

DecidedApril 13, 1942

StatusPublished

This text of 264 A.D. 729 (Town of Harrison v. Valentine) 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

Town of Harrison v. Valentine, 264 A.D. 729, 34 N.Y.S.2d 54, 1942 N.Y. App. Div. LEXIS 4393 (N.Y. Ct. App. 1942).

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Opinion

Action to foreclose transfer of tax lien certificates. Order striking out the appellant’s answer and granting summary judgment against it reversed on the law, with ten dollars costs and disbursements, and the motion denied, with ten dollars costs. The appellant raised an issue of fact as to the performance of a condition precedent that admittedly had to be performed by the plaintiff before the right to foreclose its tax lien accrued. Although the appellant was the owner of a tax lien subordinate to that of the plaintiff, it is entitled to have the plaintiff establish all the controverted issues of fact, so that when a sale is held a marketable title can be delivered. (Rules Civ. Prac. rule 113; Curry v. Mackenzie, 239 N. Y. 267.) Order denying appellant’s motion to serve an amended answer affirmed, without costs. No opinion. Lazansky, P. J., Hagarty, Johnston, Adel and Close, JJ., concur.

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Action to foreclose transfer of tax lien certificates. Order striking out the appellant’s answer and granting summary judgment against it reversed on the law, with ten dollars costs and disbursements, and the motion denied, with ten dollars costs. The appellant raised an issue of fact as to the performance of a condition precedent that admittedly had to be performed by the plaintiff before the right to foreclose its tax lien accrued. Although the appellant was the owner of a tax lien subordinate to that of the plaintiff, it is entitled to have the plaintiff establish all the controverted issues of fact, so that when a sale is held a marketable title can be delivered. (Rules Civ. Prac. rule 113; Curry v. Mackenzie, 239 N. Y. 267.) Order denying appellant’s motion to serve an amended answer affirmed, without costs. No opinion. Lazansky, P. J., Hagarty, Johnston, Adel and Close, JJ., concur.

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Bluebook (online)

264 A.D. 729, 34 N.Y.S.2d 54, 1942 N.Y. App. Div. LEXIS 4393, Counsel Stack Legal Research, https://law.counselstack.com/opinion/town-of-harrison-v-valentine-nyappdiv-1942.

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