MATTER OF O'BRIEN v. DE GIAMMATTEO


73 A.D.2d 647 (1979)

In the Matter of Henry F. O'Brien, as District Attorney of Suffolk County, Appellant, v. John De Giammatteo, Respondent, and Citibank, N. A., Intervenor-Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

December 17, 1979


Judgment reversed, on the law, without costs or disbursements, petition granted, it is directed that the vehicle be sold subject to the intervenor's lien, and the matter is remanded to Special Term for the implementation of this directive, and for the disposition of the proceeds of that sale.

We believe that the omission from section 477-a of the Tax Law of any provision for the preservation of legitimate recorded liens by innocent third parties with no knowledge...

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