AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Judges

THE BANK OF NEW YORK, as Collateral Agent and Custodian for the Benefit of NYCTL 1988-2 Trust, Respondent, v. 125-127 ALLEN STREET ASSOCIATES et al., Appellants, et al., Defendants.

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.

Use AI to get other relevant cases.

Comments

BANK OF NY v. 125-127 ALLEN STREET
(Feb 10, 2009)