From Casetext: Smarter Legal Research

Bank of New York v. 125-127 Allen Street Associates

Appellate Division of the Supreme Court of New York, First Department
Feb 10, 2009
59 A.D.3d 220 (N.Y. App. Div. 2009)

Opinion

February 10, 2009.

Order, Supreme Court, New York County (Paul G. Feinman, J.), entered on or about March 14, 2008, which, insofar as appealed from, in this action to foreclose on a real estate tax lien, granted plaintiffs motion for summary judgment, unanimously affirmed, with costs.

Before: Tom, J.P., Saxe, McGuire, Moskowitz and Freedman, JJ.


Plaintiff established its entitlement to summary judgment by submitting affidavits, including that of the New York City tax lien ombudsman, and exhibits showing that defendants-appellants failed to pay the subject real estate taxes in a timely manner. In opposition, appellants failed to raise triable issues of fact regarding whether the subject real estate taxes had been timely paid. The affidavit of appellants' managing agent was contradicted by documentary evidence showing that the interest on the late payments had not been paid and that the payments were not timely, and thus the allegations with respect to said issues were "not genuine, but feigned" ( Glick Dolleck v TriPac Export Corp., 22 NY2d 439, 441). Furthermore, appellants' reliance on statements purportedly made by a supervisor in the City's Department of Finance, is misplaced as such statements constituted inadmissible hearsay.


Summaries of

Bank of New York v. 125-127 Allen Street Associates

Appellate Division of the Supreme Court of New York, First Department
Feb 10, 2009
59 A.D.3d 220 (N.Y. App. Div. 2009)
Case details for

Bank of New York v. 125-127 Allen Street Associates

Case Details

Full title:THE BANK OF NEW YORK, as Collateral Agent and Custodian for the Benefit of…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Feb 10, 2009

Citations

59 A.D.3d 220 (N.Y. App. Div. 2009)
873 N.Y.S.2d 279

Citing Cases

W. Park Assocs. v. Everest Natl. Ins. Co.

( Zuckerman v. City of New York, 49 N.Y.2d 557, 562). Summary judgment is therefore generally appropriate…

United Gen. Title Ins. Co. v. Meridian Abstract, Corp.

esented a prima facie case of entitlement to summary judgment, because no triable issues of material fact…