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12-290 - American Tax Funding, LLC v. City of Syracuse


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12-290 - American Tax Funding, LLC v. City of Syracuse
August 29, 2014
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uent real estate proceedings in an effort to obtain payment for outstanding water bills.Signed by Judge David N. Hurd on 8/29/2014. (jmb)MEMORANDUM-DECISION & ORDER: granting in part and denying in part the City of Syracuse's # 28 Motion for Judgment on the Pleadings; and granting in part and denying in part American the # 34 Motion for Partial Summary Judgment. Plaintiff's indemnification claim is DISMISSED to the extent ATF seeks attorneys' fees pursuant to the indemnification clause in the contracts; Plaintiff's unjust enrichment claim is DISMISSED; The contract term "condemnation action" is interpreted as a formal judicial proceeding filed by the City seeking to acquire the real property related to a sold tax lien; The contract term "demolition lien" is interpreted as an encumbrance on a property imposing a duty on the property owner to take some action or pay some debt and specifically includes the identified Notices and Orders of Demolition; Plaintiff's breach of contract claim is DISMISSED to the extent it alleges the City interfered with foreclosure and/or subseq
March 24, 2016
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MEMORANDUM-DECISION & ORDER: It is Ordered that the # 58 Motion for Partial Summary Judgment is GRANTED in part and DENIED in part - Plaintiff is GRANTED judgment as a matter of law and defendant is liable to the plaintiff for breach of its representations and warranties contained in Article VI, subsection (G)(iv) of each Contract with respect to any sold tax lien for which a Notice and Order had been issued for the underlying property prior to the relevant Closing Date of such Contract; all other relief requested is DENIED; and the # 86 Motion for Partial Summary Judgment is DENIED in its entirety. The parties are encouraged to settle this matter so that further judicial intervention is unnecessary. Signed by Judge David N. Hurd on 3/24/2016. (jmb)