Summary
The Appellate Division, First Department held that purchasers of a New York City tax lien stand in the City's shoes and, after prevailing in foreclosure, are entitled to recover the costs of the action. The court modified the judgment to award the full amount of publication expenses authorized by CPLR 8301(3) and otherwise affirmed.
Court
Appellate Division of the Supreme Court of the State of New York, First Department
Jurisdiction
New York
Decision date
February 5, 2015
Docket number
14149
Disposition
other
Questions Presented
- Whether purchasers of a New York City tax lien who prevail in a foreclosure action are entitled to recover the costs of the action.
- Whether publication expenses incurred pursuant to court orders are recoverable in full under CPLR 8301.
Holdings
- As purchasers of a City tax lien, plaintiffs stand in the City's shoes and, having prevailed in the foreclosure of real property to collect on the lien, are entitled to the costs of the action.
- Plaintiffs were entitled to recover the full amount of their publication expenses because the publications were made pursuant to court orders and CPLR 8301(3) expressly provides for their award.
Court Document
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