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FLAGSTAR BANK v. STATE OF NY

2012-01859

114 A.D.3d 138 (2013)

978 N.Y.S.2d 266

2013 NY Slip Op 8592

FLAGSTAR BANK, FSB, Appellant, v. STATE OF NEW YORK, Respondent.

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

Decided December 26, 2013.

Attorney(s) appearing for the Case

Hacker Murphy, LLP, Latham ( John F. Harwick and Thomas J. Higgs of counsel), for appellant.

Eric T. Schneiderman , Attorney General, New York City ( Cecelia C. Chang and Won S. Shin of counsel), for respondent.

DICKERSON, AUSTIN and HINDS-RADIX, JJ., concur.

OPINION OF THE COURT

ANGIOLILLO, J.P.

This appeal raises the issue of whether a judgment creditor may recover damages from the State of New York when a county clerk's error in docketing a judgment allowed the judgment debtor to convey real property free of the judgment lien, frustrating the judgment creditor's ability to execute on the judgment. We conclude that a private right of action by a judgment creditor...

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