Legal Opinion
National Westminster Bank, USA v. State
New York Court of Appeals
Decided October 16, 1990No. Claim 75327PublishedCited by 14 opinions
POINTS OF COUNSEL
1Opinion of the Court
OPINION OF THE COURT
2Per curiam
Claimant obtained a judgment in Nassau County and filed a copy of the judgment with the County Clerk in Bronx County, where the judgment debtor owned real property. The property, however, was subsequently sold free of the judgment because the Clerk had negligently failed to record it. When the claimant discovered the negligence, it applied to the Court of Claims to file a late notice of claim against the State. The motion was granted as was the claimant’s later motion for summary judgment. The Appellate Division affirmed and we granted the State’s motion for leave to…
3Cases cited5 opinions
- Olmsted v. . MeahlNew York Court of Appeals · 1916
- Durante v. EvansAppellate Division of the Supreme Court of the State of New York · 1983
- Ashland Equities Co. v. ClerkAppellate Division of the Supreme Court of the State of New York · 1985
- Garguiolo v. New York State Thruway AuthorityAppellate Division of the Supreme Court of the State of New York · 1988
- Durante v. EvansNew York Court of Appeals · 1984
4Cited by14 opinions
- Boland v. State of New YorkAppellate Division of the Supreme Court of the State of New York · 1996
- Kagan v. State of New YorkAppellate Division of the Supreme Court of the State of New York · 1996
- Lapidus v. StateAppellate Division of the Supreme Court of the State of New York · 2008
- Flagstar Bank v. StateAppellate Division of the Supreme Court of the State of New York · 2013
- Flushing National Bank v. StateAppellate Division of the Supreme Court of the State of New York · 1994
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