Aetna Life Insurance v. Avalon Orchards, Inc.

We are unable to agree with the majority that "plaintiffs status was redefined from that of an absolute owner in possession to that of a mortgagee in possession”. Since defendants never applied for, or acquired, a stay pending appeal, our subsequent reversal did not affect the title of the purchaser (see, Livingston v Bauchhens, 254 App Div 692). Consequently, during the period in question, plaintiff was obligated to pay the real property taxes while it was owner and the inclusion of said item in the deficiency judgment was erroneous. Additionally, it should be noted that since plaintiff…