Legal Opinion
Gletzer v. Harris
New York Court of Appeals
Decided May 12, 2009PublishedCited by 28 opinions
1Opinion of the Court
OPINION OF THE COURT
Ciparick, J.
In this appeal, we are asked to determine whether a renewal *471lien secured pursuant to CPLR 5014 for a second 10-year period can take effect nunc pro tunc on the expiration date of the original lien, cutting off the property interests of intervening mortgagees. Because CPLR 5014 does not provide for a renewal judgment to have retroactive effect to the original lien’s expiration date and because nunc pro tunc treatment is inappropriate where, as here, additional lenders relying on the public record acquired rights in the property, we hold that the renewal lien…
2Cases cited6 opinions
- Andy Associates, Inc. v. Bankers Trust Co.New York Court of Appeals · 1979
- Mohrmann v. KobNew York Court of Appeals · 1943
- Cornell v. CornellNew York Court of Appeals · 1959
- Mansfield State Bank v. CohnNew York Court of Appeals · 1983
- Gletzer v. HarrisAppellate Division of the Supreme Court of the State of New York · 2008
1 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Financial Assistance, Inc. v. GrahamAppellate Division of the Supreme Court of the State of New York · 2021
- Premier Capital, LLC v. Best Traders, Inc.Appellate Division of the Supreme Court of the State of New York · 2011
- Flagstar Bank v. StateAppellate Division of the Supreme Court of the State of New York · 2013
- Vincent v. AnnucciCourt of Appeals for the Second Circuit · 2023
- Schiff Food Products, Co. v. M&M Import ExportAppellate Division of the Supreme Court of the State of New York · 2011
23 more not listed; retrieve them via the Exa API.