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NYCTL 1998-2 TRUST v. BETHELITE COMMUNITY BAPTIST CHURCH

Index No. 113197/09. Appeal No. 13252-13252A. Case No. 2019-04107. 2020-03530.

192 A.D.3d 429 (2021)

139 N.Y.S.3d 796

2021 NY Slip Op 01333

NYCTL 1998-2 Trust et al., Respondents, v. Bethelite Community Baptist Church Also Known as Bethelite, Appellant, et al., Defendants.

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

Decided March 4, 2021.

Attorney(s) appearing for the Case

The Law Offices of Michael T. Sucher, Brooklyn ( Michael T. Sucher of counsel), for appellant.

Phillips Lytle LLP, Rochester ( Julia J. Henrichs of counsel), for respondents.

Concur—Kern, J.P., Oing, Singh, Moulton, JJ.

In this action to foreclose on a tax lien levied against property located at 36-38 West 123rd Street, plaintiffs established their prima facie entitlement to judgment as a matter of law by submitting the tax lien certificate, which is presumptive evidence of a valid and enforceable lien, proof of assignments establishing plaintiffs' standing, and proof that defendant made no payments on the tax lien (see Administrative Code...

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