NYCTL 2008-A TRUST v. ROBERTS

14149, 381161/09.

125 A.D.3d 445 (2015)

999 N.Y.S.2d 739

NYCTL 2008-A TRUST et al., Appellants, v. Estate of VINCENT ROBERTS, Deceased, et al., Respondents, et al., Defendants.

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

Decided February 5, 2015.


As purchasers of a city tax lien, plaintiffs stand in the City's shoes (Administrative Code of City of NY § 11-332). As such, having prevailed on the foreclosure of real property to collect on the lien, they are entitled to the costs of the action (Administrative Code § 11-338). Given that they are entitled to an award of costs, plaintiffs are entitled to the costs set forth in CPLR 8301. CPLR 8301 (a) (3) expressly provides for the award of publication costs. As...

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