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Kolath Hotels and Casinos Inc. v. County of Greene, New York

Bankruptcy Ruling Granting County Title in Property Tax Foreclosure Case Affirmed

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MEMORANDUM-DECISION AND ORDERI. Introduction Appellant Kolath Hotels and Casinos, Inc. (hereinafter “Kolath”) appeals from an order of Bankruptcy Court (Littlefield, J.), which granted appellee County of Greene, New York’s motion for judgment on partial findings after a bench trial. (Dkt. No. 3, Attach. 12; Dkt. No. 6, Attach. 1 at 103.) For the reasons that follow, Bankruptcy Court’s order is affirmed.II. BackgroundThis controversy centers around Kolath’s former property in the Town of Catskill, which previously included an operational hotel (hereinafter the “property”). (Dkt. No. 6, Attach. 1 at 41.) Since December 2013, the property has been condemned as an unsafe structure because it lacked basic building services required for human habitation. (Id. at 27, 41-47.) Given Kolath’s failure to pay property taxes, there was an aggregate unpaid balance due to the County in the approximate amount of $830,000. (Dkt. No. 53 2, Bankr. Ct. Case No. 16-90033-1.)On June 9, 2016 (hereinafter the “vesting date”), the Greene County Court granted summary judgment to the County in an in rem tax foreclosure proceeding, such that title to the property vested in the County in satisfaction of the outstanding real property tax liens. (Id.

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