NYCTL 1996-1 Trust v. Andrew-Zuck Realty Corp.

Orders, Supreme Court, Bronx County (Bertram Katz, J.), entered October 20, 2000, which, in actions to foreclose tax liens assigned to plaintiff Trust by the City of New York, upon plaintiffs motions to discontinue the actions as moot, inter alia, dismissed defendants’ counterclaims, unanimously affirmed, without costs.

Defendants’ counterclaims challenge the amounts of the tax liens and seek accountings of the underlying assessments. Shortly after commencement of the actions, defendants paid the tax liens while advising plaintiff that the payments were without prejudice to their claims.…