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NYCTL 2009-A TRUST v. MORRIS

2014-07644, Index No. 3883/10.

144 A.D.3d 649 (2016)

2016 NY Slip Op 07168

39 N.Y.S.3d 818

NYCTL 2009-A TRUST et al., as Collateral Agent and Custodian for the NYCTL 2009-A TRUST, Appellants, v. WALTER MORRIS, Respondent, et al., Defendants.

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

Decided November 2, 2016.

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

In 2010, the plaintiffs, NYCTL 2009-A Trust and Bank of New York, as collateral agent and custodian for NYCTL 2009-A Trust, commenced this action to foreclose on a tax lien encumbering premises owned by Walter Morris (hereinafter the defendant). The defendant answered the complaint and asserted various affirmative defenses, including lack of notice. Thereafter, the plaintiffs moved, inter alia...

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