Banco Popular N. Am. v Lieberman
Jul 13, 2010OUTCOME: Affirmed in Part / Modified in Part
A full text of the decision by the New York Appellate Division, First Department can be found at: http://www.courts.state.ny.us/REPORTER/3dseries/2010/2010_06067.htm. On appeal from the Order of the A ... ppellate Term of the Supreme Court of the State of New York, First Department, which, in this action by plaintiff bank to recover a property tax payment it mistakenly made after assigning a mortgage, affirmed an order of Civil Court, New York County, granting plaintiff's motion for summary judgment in the principal amount of $18,630.99 against defendants, the mortgagor and its guarantors, and denying defendants' cross motion to dismiss the second and third causes of action and for leave to amend their answer to assert certain counterclaims, modified, on the law, to deny plaintiff's motion for summary judgment against defendant guarantors and to grant the cross motion to the extent of dismissing the second and third causes of action and granting leave to amend the answer to assert certain proposed counterclaims, which are severed and may continue as independent causes of action.
