Opinion
2012-06-20
Benzion DEUTSCH, appellant, v. Broche TWERSKY, respondent.
Edward J. Greenfield, New York, N.Y., for appellant. Berke & Berke, New York, N.Y. (Jeffrey R. Berke of counsel), for respondent.
Edward J. Greenfield, New York, N.Y., for appellant. Berke & Berke, New York, N.Y. (Jeffrey R. Berke of counsel), for respondent.
In an action, inter alia, to determine the validity of a deed purporting to convey certain real property located in Romania, the plaintiff appeals from an order of the Supreme Court, Kings County (Silber, J.), dated September 6, 2011, which, among other things, granted the defendant's motion to vacate so much of an amended judgment of the same court (Starkey, J.), dated October 5, 2009, as, after a hearing, enjoined the defendant from taking action to transfer, sell, or encumber the subject real property.
ORDERED that the order is affirmed, with costs.
Contrary to the plaintiff's contention, the Supreme Court properly, inter alia, granted the defendant's motion to vacate so much of an amended judgment dated October 5, 2009, as enjoined the defendant from taking action to transfer, sell, or encumber certain real property owned by her in Romania. Issues regarding the ownership and use of real property should be decided by the courts of, and in accordance with the laws of, the place where the real property is located ( see Knox v. Jones, 47 N.Y. 389, 395;Adriana Dev. Corp. N.V. v. Gaspar, 81 A.D.2d 235, 239, 439 N.Y.S.2d 927;Broaddus v. Vanadium Corp. of Am., 19 A.D.2d 886, 244 N.Y.S.2d 336;Johnson v. Dunbar, 114 N.Y.S.2d 845, 849,affd. 282 App.Div. 720, 122 N.Y.S.2d 222,affd. 306 N.Y. 697, 117 N.E.2d 801). In this regard, the plaintiff's claim that the Supreme Court violated the law of the case doctrine in issuing the challenged order is unavailing ( see Solow v. Wellner, 186 A.D.2d 21, 22, 586 N.Y.S.2d 973;Nahl v. Nahl, 177 A.D.2d 777, 576 N.Y.S.2d 388;see generally Frankson v. Brown & Williamson Tobacco Corp., 67 A.D.3d 213, 218, 886 N.Y.S.2d 714).
The plaintiff's remaining contentions are without merit.