Legal Opinion

Lis v. City Collector

New York Supreme Court

Decided February 20, 1986Published

1Opinion of the Court

OPINION OF THE COURT

Irving Lang, J.

Which lien has priority on fire insurance proceeds — an equitable lien of a mortgagee or a special tax lien of the City of New York?

Petitioners move pursuant to CPLR article 78 for an order directing respondent City Collector of the City of New York, Department of Finance, to indorse and release an $18,000 check comprising proceeds of a fire insurance policy. Respondent city opposes the motion, arguing that the City of New York holds a special tax lien against the money, which has priority over all other existing liens. Respondent submits that the $18,000…

2Cases cited7 opinions

  1. Finger Lakes Racing Ass'n v. New York State Racing & Wagering BoardNew York Court of Appeals · 1978
  2. Andrello v. Nationwide Mutual Fire InsuranceAppellate Division of the Supreme Court of the State of New York · 1968
  3. Nor-Shire Associates, Inc. v. Commercial Union InsuranceAppellate Division of the Supreme Court of the State of New York · 1966
  4. Weinreb v. M. & S. Bagels, Inc.New York Supreme Court · 1964
  5. Weinreb v. Webster Bagel Co.Appellate Division of the Supreme Court of the State of New York · 1965

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