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EQUITY INVESTMENT & MORTGAGE COMPANY v. SMITH

2017-11349, Index No. 58583/15.

173 A.D.3d 690 (2019)

99 N.Y.S.3d 693

2019 NY Slip Op 04360

Equity Investment & Mortgage Company, Respondent, v. Aubrey Smith et al., Defendants, and City of Yonkers, Appellant.

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

Decided June 5, 2019.

Ordered that the order is affirmed, with costs.

The plaintiff commenced this action, inter alia, to foreclose tax liens, asserting a cause of action against the City of Yonkers to recover damages for negligence. The plaintiff moved, among other things, for summary judgment on the complaint insofar as asserted against the City. In an order dated March 21, 2017, the Supreme Court, inter alia, granted the plaintiff's motion. On May 25, 2017, the court entered a judgment...

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