LEAHY v. COUNTY WIDE HOME LOANS, INC.


51 A.D.3d 876 (2008)

859 N.Y.S.2d 215

THOMAS LEAHY, Appellant, v. COUNTY WIDE HOME LOANS, INC., et al., Respondents.

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

Decided May 20, 2008.


Ordered that the order is affirmed, with costs.

Contrary to the plaintiff's contention, the defendants' amended proof of claim for post-petition tax escrow payment arrears in an underlying Bankruptcy Court proceeding was timely filed (see In re Woods, 316 B.R. 522 [2004]). The plaintiff did not object to the amended proof of claim and it was deemed allowed as a matter of law (see 11 USC § 502 [a]). Therefore, the...

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