FIRST NATIONAL BANK OF DOWNSVILLE v. ATKIN


279 A.D.2d 779 (2001)

718 N.Y.S.2d 499

FIRST NATIONAL BANK OF DOWNSVILLE, Appellant, v. HOWARD W. ATKIN, Respondent.

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

Decided January 11, 2001.


Peters, J.

In November 1993, plaintiff commenced this mortgage foreclosure action to which defendant asserted numerous affirmative defenses. Five years later, the County of Delaware commenced an in rem proceeding to foreclose a real estate tax lien on the same property pursuant to RPTL article 11. In connection therewith, the County notified both plaintiff and defendant that the property could be redeemed by paying all arrearages on or before February 5, 1999.

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