THE BANK OF NEW YORK v. 125-127 ALLEN STREET ASSOCIATES


59 A.D.3d 220 (2009)

873 N.Y.S.2d 279

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.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided February 10, 2009.


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...

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