NYCTL 1998-2 Trustee v. 2388 Nostrand Corp

In NYCTL 1998-2 Trustee v. 2388 Nostrand Corp., 69 A.D.3d 594, 892 N.Y.S.2d 188 (2d Dept. 2010), which involved an action to foreclose a tax lien, the Appellate Division reversed the order of the trial court that denied plaintiffs' motion, inter alia, 1) for summary judgment on the complaint, 2) to strike the answer of defendant, 3) to amend the caption to strike John Does as party defendants, and 4) to appoint a referee to compute the total sums due and owing to the plaintiffs. Id. at 595. In so doing, the Second Department concluded that plaintiffs had made a prima facie showing of entitlement to judgment as a matter of law by demonstrating that the respondent did not pay the outstanding balance due under the lien, and defendant failed to raise a triable issue of fact rebutting the plaintiffs' showing. Id. Accordingly, the Second Department reversed the order of the trial court and granted plaintiffs' motion, inter alia, for summary judgment on the complaint, to strike the answer, to strike John Does as party defendants, and to appoint a referee to compute the total sums due and owing to the plaintiffs. Id.