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BANCO POPULAR v. LIEBERMAN

22 Misc.3d 1 (2008)

BANCO POPULAR NORTH AMERICA, Respondent, v. AHARON LIEBERMAN et al., Appellants.

Supreme Court, Appellate Term, First Department.

November 10, 2008.

Attorney(s) appearing for the Case

Gentile & Dickler, LLP, New York City (Paul T. Gentile and Kevin P. Claffey of counsel), for appellants.

Rick Steiner Fell & Benowitz LLP, New York City (Raymond W. Lew of counsel), for respondent.

DAVIS and HEITLER, JJ., concur; McKEON, P.J., dissents in a separate memorandum.

OPINION OF THE COURT

MEMORANDUM.

Order, dated January 31, 2007, affirmed, with $10 costs.

Plaintiff mortgagee commenced this action seeking the return of $18,680.99 in real estate taxes that it paid under mistake to the City of New York on behalf of defendant mortgagor High Tech Park, Inc. Plaintiff sought recovery of the tax payment based upon unjust enrichment against High Tech, and under a written...

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