Legal Opinion

NYCTL 2005-A Trust v. Davis

New York Supreme Court

Decided January 21, 2009Published

1Opinion of the Court

OPINION OF THE COURT

Arthur M. Schack, J.

*504Plaintiffs’ renewed motion, upon the default of all defendants, for a judgment of foreclosure and sale on a tax lien certificate for the premises located at 713 Fifth Avenue, Brooklyn, New York (block 899, lot 6, County of Kings) is denied without prejudice. In the original motion, the “affidavit of the facts,” submitted in support of this application for a default judgment of foreclosure and sale, was not executed by an officer of plaintiff, NYCTL 2005-A Trust, or someone with a power of attorney from the Trust. Plaintiffs attempt to cure this defect…

2Cases cited12 opinions

  1. Blam v. NetcherAppellate Division of the Supreme Court of the State of New York · 2005
  2. DeVivo v. SparagoAppellate Division of the Supreme Court of the State of New York · 2001
  3. Goodman v. New York City Health & Hospitals Corp.Appellate Division of the Supreme Court of the State of New York · 2003
  4. Drake v. DrakeAppellate Division of the Supreme Court of the State of New York · 2002
  5. Hazim v. WinterAppellate Division of the Supreme Court of the State of New York · 1996

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