NYCTL 1996-1 TRUST v. ANDREW-ZUCK REALTY CORP.


305 A.D.2d 157 (2003)

758 N.Y.S.2d 61

NYCTL 1996-1 TRUST et al., Respondents, v. ANDREW-ZUCK REALTY CORP., et al., Appellants, et al., Defendants.

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

Decided May 6, 2003.


Defendants' counterclaims challenge the amounts of the tax liens and seek accountings of the underlying assessments. Shortly after commencement of the actions, defendants paid the tax liens while advising plaintiff that the payments were without prejudice to their claims. Plaintiff then moved to discontinue the actions "on the ground that the claims herein are moot." We reject defendants' argument that the dismissal of their counterclaims upon the granting of plaintiff's...

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