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Stewart Title Ins. Co. v. Cty. of Orange

Appellate Division of the Supreme Court of New York, Second Department
Oct 20, 1997
243 A.D.2d 626 (N.Y. App. Div. 1997)

Opinion

October 20, 1997

Appeal from the Supreme Court, Orange County (Slobod, J.).


Ordered that the order and judgment is affirmed, with costs.

The Supreme Court properly granted the plaintiff's motion for summary judgment on the ground that the tax liens which the County of Orange sought to enforce had been extinguished pursuant to a United States Bankruptcy Court order ( see, 11 U.S.C. § 363; Van Huffel v. Harkelrode, 284 U.S. 225; MacArthur Co. v. Johns-Mansville Corp., 837 F.2d 89, cert denied 488 U.S. 868). Having paid the taxes to avoid forfeiture of the property, the plaintiff was entitled to reimbursement.

The appellant's remaining contentions are without merit.

Thompson, J.P., Sullivan, Joy and Florio, JJ., concur.


Summaries of

Stewart Title Ins. Co. v. Cty. of Orange

Appellate Division of the Supreme Court of New York, Second Department
Oct 20, 1997
243 A.D.2d 626 (N.Y. App. Div. 1997)
Case details for

Stewart Title Ins. Co. v. Cty. of Orange

Case Details

Full title:STEWART TITLE INSURANCE COMPANY, Respondent, v. COUNTY OF ORANGE…

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

Date published: Oct 20, 1997

Citations

243 A.D.2d 626 (N.Y. App. Div. 1997)
668 N.Y.S.2d 902