From Casetext: Smarter Legal Research

Stephens v. Snitow

Appellate Division of the Supreme Court of New York, Second Department
Jun 13, 1983
95 A.D.2d 806 (N.Y. App. Div. 1983)

Opinion

June 13, 1983


In an action to quiet a claim to real property, defendants appeal from (1) an order of the Supreme Court (Coppola, J.), entered in Westchester County on May 28, 1982, which denied their motion to dismiss the complaint, and (2) a judgment of the Supreme Court, Putnam County (Beisheim, J.), dated November 15, 1982, which, inter alia, granted plaintiff an absolute and unencumbered title in fee to the subject property. Appeal from the order dismissed (see Matter of Aho, 39 N.Y.2d 241, 248). Judgment affirmed. Plaintiff is awarded one bill of costs. Defendants recorded their deed approximately six months after plaintiff's predecessor in interest filed a notice of pendency. In addition to constructive notice, defendants had actual notice of the lis pendens. It is, therefore, of no consequence that plaintiff's predecessor in interest, the mortgagee, recorded title following the foreclosure sale six months after defendants recorded their deed. In any event, defendants took the deed with the knowledge that their interest might be subject to the mortgagee's interest. We find that the trial court properly granted judgment in favor of the plaintiff. Titone, J.P., Lazer, Thompson and Weinstein, JJ., concur.


Summaries of

Stephens v. Snitow

Appellate Division of the Supreme Court of New York, Second Department
Jun 13, 1983
95 A.D.2d 806 (N.Y. App. Div. 1983)
Case details for

Stephens v. Snitow

Case Details

Full title:MALLORY STEPHENS, Respondent, v. MELVEL W. SNITOW et al., Defendants and…

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

Date published: Jun 13, 1983

Citations

95 A.D.2d 806 (N.Y. App. Div. 1983)

Citing Cases

Kolel Damsek Eliezer, Inc. v. Schlesinger

Further, under the circumstances of this case, we award summary judgment to the plaintiff dismissing the…

Beltway Capital, LLC v. Gutierrez

The Supreme Court erred in denying the plaintiff's motion pursuant to CPLR 2001 (cf. Wells Fargo Bank, NA v.…