Matter of City of New York

Full title: In the Matter of CITY OF NEW YORK, Appellant, Relative to Acquiring Title…

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

Date published: May 31, 1994

204 A.D.2d 719 (N.Y. App. Div. 1994)

614 N.Y.S.2d 243

Opinion

May 31, 1994

Appeal from the Supreme Court, Kings County (Leone, J.).

Ordered that the order is affirmed, with costs.

The Supreme Court properly refused to amend its order of October 31, 1990, to reflect a reduction in the advance payment for unpaid real estate taxes, as it had given the City additional time to search its records for such unpaid taxes prior to entering the order. Under the circumstances of this case, the City's erroneous representation to the court that no charges existed on the property, upon which both the court and the mortgagee relied, established the mortgagee's right to invoke an estoppel against the City (see generally, Matter of Parkview Assocs. v. City of New York, 71 N.Y.2d 274, cert denied 488 U.S. 801; Quaglia v. Incorporated Vil. of Munsey Park, 54 A.D.2d 434, affd 44 N.Y.2d 772). Bracken, J.P., Lawrence, Ritter and Pizzuto, JJ., concur.