NYCTL 2005-A Trust v. Bullard Purchasing & Sales

Real Property

New York Law Journal

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Justice Joan A. Madden

In this action to foreclose on a tax lien, plaintiff NYCTL 2005-A Trust sought an unpaid balance of over $11,000 with 18 percent interest and legal fees. It moved for leave to serve an amended complaint to reflect the correct 2005-A tax lien on which the action was based, and to amend the notice of pendency. Property owner Bullard Purchasing & Sales and Kansas Fried Chicken cross-moved for summary judgment dismissing the complaint and cancellation of the notice of pendency. The court found defendants did not demonstrate a prejudice as the result of the amendment, noting inaccuracies in the complaint were evident from the conflicting lien documents annexed to the complaint. It rejected defendants' objection that the action was brought by the incorrect plaintiff, noting also that defendants did not question the merit of the proposed amendment, and stated it was clear the amendment was neither "palpably insufficient" nor "patently devoid of merit" to warrant denial of leave to amend. Thus, plaintiff was allowed to amend the complaint and the notice of pendency. Hence, defendants' cross-motion dismissing the complaint and cancellation of the notice of pendency was denied.

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