Legal Opinion
Banco Popular North America v. Lieberman
Appellate Terms of the Supreme Court of New York
Decided November 10, 2008PublishedCited by 2 opinions
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
Order, dated January 31, 2007, affirmed, with $10 costs.
Plaintiff mortgagee commenced this action seeking the return of $18,680.99 in real estate taxes that it paid under mistake to the City of New York on behalf of defendant mortgagor High Tech Park, Inc. Plaintiff sought recovery of the tax payment based upon unjust enrichment against High Tech, and under a written guarantee against defendants Lieberman and Corn-positron Corporation.
In moving for summary judgment, plaintiff established that the real estate tax payment was inadvertently remitted to the City on…
2Cases cited10 opinions
- Manufacturers Hanover Trust Co. v. Chemical BankAppellate Division of the Supreme Court of the State of New York · 1990
- Worms v. BankAmerica InternationalNew York Court of Appeals · 1991
- Bank Leumi Trust Co. v. D'Evori International Inc.Appellate Division of the Supreme Court of the State of New York · 1990
- Chemical Bank v. SeplerNew York Court of Appeals · 1983
- Banque Nationale de Paris v. 1567 Broadway Ownership AssociatesAppellate Division of the Supreme Court of the State of New York · 1995
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3Cited by2 opinions
- Banco Popular North America v. LiebermanAppellate Division of the Supreme Court of the State of New York · 2010
- Dovenmuehle Mortgage, Inc. v. MobleyNew York Supreme Court · 2016