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Nyctl 1996-1 Trust v. 209 Holding Corp.

Appellate Division of the Supreme Court of New York, Second Department
Feb 28, 2000
269 A.D.2d 580 (N.Y. App. Div. 2000)

Opinion

Argued January 24, 2000

February 28, 2000

In an action to foreclose a tax lien, the defendant 209 Holding Corp. appeals, as limited by its brief, from stated portions of an order of the Supreme Court, Kings County (Dowd, J.), entered September 25, 1998, which, inter alia, denied that branch of its motion which was to dismiss the complaint on the ground that the plaintiffs lacked standing.

Gerard Zwirn, Long Island City, N.Y., for appellant.

Michael D. Hess, Corporation Counsel, New York, N.Y. (Paul Rephen, Elizabeth Dvorkin, and Alessandra F. Zorgniotti of counsel), for respondents.

WILLIAM C. THOMPSON, J.P., SANDRA J. FEUERSTEIN, ROBERT W. SCHMIDT, NANCY E. SMITH, JJ.


DECISION ORDER

ORDERED that the order is affirmed insofar as appealed from, with costs.

The plaintiffs, NYCTL 1996-1 Trust and Bank of New York, as the owner of the subject tax liens and holder of the tax lien certificates, respectively, have standing to maintain this action (see, Administrative Code of City of N.Y. §§ 11-332, 11-335; NYCTL 1996-1 Trust and Bank of New York v. Railroad Maintenance Corp., 266 A.D.2d 39 [1st Dept., Nov. 9, 1999]). Contrary to the defendants' contention, the Corporation Counsel of the City of New York may appear on behalf of the plaintiffs in this action (see, Administrative Code of City of N.Y. § 11-347).


Summaries of

Nyctl 1996-1 Trust v. 209 Holding Corp.

Appellate Division of the Supreme Court of New York, Second Department
Feb 28, 2000
269 A.D.2d 580 (N.Y. App. Div. 2000)
Case details for

Nyctl 1996-1 Trust v. 209 Holding Corp.

Case Details

Full title:NYCTL 1996-1 TRUST, etc., et al., respondents, v. 209 HOLDING CORP.…

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

Date published: Feb 28, 2000

Citations

269 A.D.2d 580 (N.Y. App. Div. 2000)
704 N.Y.S.2d 824

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