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MATTER OF INCORPORATED VILLAGE OF WESTBURY v. IACO REALTY, INC.

2014-01236, Index No. 7551/07.

131 A.D.3d 1060 (2015)

16 N.Y.S.3d 290

2015 NY Slip Op 06820

In the Matter of INCORPORATED VILLAGE OF WESTBURY, Respondent, v. IACO REALTY, INC., et al., Respondents. FIRST UNION NATIONAL BANK, Custodian for MDSASS, Nonparty Appellant.

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

Decided September 16, 2015.

Ordered that the order is affirmed, with costs.

In April 2007, the Incorporated Village of Westbury commenced this proceeding to condemn property located in Westbury (hereinafter the subject property). The Village served notice of the condemnation proceeding pursuant to EDPL 402 (B) (2) upon interested parties, including Wachovia Bank, on behalf of the appellant, nonparty First Union National Bank, Custodian for MDSASS. MDSASS was a holder of certain tax liens encumbering...

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