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FIRST NATL. BANK v. ATKIN

183 Misc.2d 425 (2000)

704 N.Y.S.2d 440

FIRST NATIONAL BANK OF DOWNSVILLE, Plaintiff, v. HOWARD W. ATKIN, Defendant.

Supreme Court, Delaware County.

January 26, 2000.

Attorney(s) appearing for the Case

Harris Beach & Wilcox, L. L. P., Rochester (Christopher P. Schueller of counsel), for plaintiff.

O'Connor, Gacioch, Pope & Tait, L. L. P., Binghamton (Kurt D. Schrader of counsel), for defendant.

OPINION OF THE COURT

PHILLIP R. RUMSEY, J.

Plaintiff seeks summary judgment in this mortgage foreclosure action (commenced in Nov. 1993), and defendant mortgagor cross-moves for dismissal of the complaint. In February 1999, the County of Delaware obtained title to the subject property through foreclosure of a tax lien, pursuant to Real Property Tax Law article 11. Although plaintiff mortgagee received notice of the tax foreclosure proceeding, the property...

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