NYCTL 1996-1 TRUST v. MALIHAN


276 A.D.2d 443 (2000)

715 N.Y.S.2d 51

NYCTL 1996-1 TRUST et al., Plaintiffs, v. AMIE A. MALIHAN et al., Defendants. AMIE A. MALIHAN, Third-Party Plaintiff-Respondent-Appellant, v. CONTINENTAL ABSTRACT CORPORATION, Third-Party Defendant-Appellant-Respondent.

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

Decided October 31, 2000.


Although Continental, the title abstract company retained by Malihan at the closing on her purchase of a professional condominium, concedes some liability, in that it admittedly failed to remit to the taxing authorities sums due for real estate taxes, which led to an earlier order granting conditional partial summary judgment, nevertheless, Malihan failed to mitigate her damages, by failing to ascertain the reason for the tax delinquency notice in the amount of $12,168.94...

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