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RONDACK CONSTR. v. KAATSBAAN

No. 137

13 N.Y.3d 580 (2009)

2009 NY Slip Op 9264

RONDACK CONSTRUCTION SERVICES, INC., Respondent, v. KAATSBAAN INTERNATIONAL DANCE CENTER, INC., Respondent. TBAYS, LLC, Nonparty Appellant.

Court of Appeals of New York.

Decided December 15, 2009.

Attorney(s) appearing for the Case

Teahan & Constantino, Poughkeepsie (Richard I. Cantor of counsel), for nonparty appellant.

Malcolm S. Taub LLP, New York City (Malcolm S. Taub of counsel), for Kaatsbaan International Dance Center, Inc., respondent.

Chief Judge LIPPMAN and Judges CIPARICK, READ, SMITH, PIGOTT and JONES Concur.

OPINION OF THE COURT

GRAFFEO, J.

In this case, we reaffirm Tiffany v St. John (65 N.Y. 314 [1875]) and hold that a judgment debtor's tender to the sheriff before its property is auctioned at a judicial sale automatically discharges the execution lien, terminating the sheriff's authority to sell the property.

In early 2006, plaintiff Rondack Construction Services, Inc. obtained a default judgment...

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