NATL. WESTMINSTER BANK v. NY


76 N.Y.2d 507 (1990)

National Westminster Bank, USA, Respondent, v. State of New York, Appellant. (Claim No. 75327.)

Court of Appeals of the State of New York.

Decided October 16, 1990.


Attorney(s) appearing for the Case

Robert Abrams, Attorney-General (Peter H. Schiff, O. Peter Sherwood and Michael S. Buskus of counsel), for appellant.

Kenneth G. Zitter for respondent.

Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA concur in Per Curiam opinion.


Per 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...

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