BANK OF NEW YORK v. LOVE


307 A.D.2d 205 (2003)

763 N.Y.S.2d 553

BANK OF NEW YORK, Respondent, v. DOTLIN LOVE et al., Defendants. TOTARAM ENTERPRISES, L.P., et al., Nonparty Appellants.

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

Decided July 10, 2003.


Plaintiff Bank of New York was awarded a judgment of foreclosure and sale with regard to 153 West 175th Street in Bronx County. The judgment directed that the property be sold by a Referee. With regard to certain outstanding taxes on the property, the judgment directed that "[t]he Referee may pay [from the proceeds of the sale] the taxes, assessments and water rates and taxes which are or may become liens on the premises at the time of sale with such interest or penalties...

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