Flagstar Bank v. State
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Angiolillo, J.E
This appeal raises the issue of whether a judgment creditor may recover damages from the State of New York when a county clerk’s error in docketing a judgment allowed the judgment debtor to convey real property free of the judgment lien, frustrating the judgment creditor’s ability to execute on the *140judgment. We conclude that a private right of action by a judgment creditor against the State may not be fairly implied by the statutes governing the docketing of judgments. Accordingly, the Court of Claims properly granted the State’s motion for summary judgment…
2Cases cited23 opinions
- McLean v. City of New YorkNew York Court of Appeals · 2009
- Valdez v. City of New YorkNew York Court of Appeals · 2011
- Sheehy v. Big Flats Community Day, Inc.New York Court of Appeals · 1989
- Pelaez v. SeideNew York Court of Appeals · 2004
- Cruz v. TD Bank, N.A.New York Court of Appeals · 2013
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