From Casetext: Smarter Legal Research

Kissling v. Leary

Appellate Division of the Supreme Court of New York, Second Department
Dec 17, 2001
289 A.D.2d 377 (N.Y. App. Div. 2001)

Opinion

2001-05129

Argued November 19, 2001.

December 17, 2001.

In an action, inter alia, to set aside a conveyance of real property, the plaintiffs appeal from an order of the Supreme Court, Suffolk County (Doyle, J.), dated December 27, 2000, which granted the defendants' motion for summary judgment, among other things, dismissing the complaint.

Benjamin Schwartz, Cutchogue, N.Y., for appellants.

Adolph H. Siegel, Lindenhurst, N.Y., for respondents.

Before: FRED T. SANTUCCI, J.P., GABRIEL M. KRAUSMAN, DANIEL F. LUCIANO, SANDRA J. FEUERSTEIN, JJ.


ORDERED that the order is affirmed, with costs.

The defendants proffered evidence establishing, prima facie, that they purchased the subject property in good faith, for valuable consideration, and without notice of the plaintiffs' deed dated July 15, 1943, but not recorded until August 9, 1996 (see, Real Property Law — 291; Witter v. Taggart, 78 N.Y.2d 234). The plaintiffs failed to rebut this showing with any evidence sufficient to raise a triable issue of fact as to their unsubstantiated claims that the defendants were not good faith purchasers or that they were on notice of the plaintiffs' then-unrecorded deed (see, Doyle v. Lazarro, 33 A.D.2d 142). Consequently, the Supreme Court properly granted the defendants' motion for summary judgment.

The plaintiffs' remaining contentions are without merit.

SANTUCCI, J.P., KRAUSMAN, LUCIANO and FEUERSTEIN, JJ., concur.


Summaries of

Kissling v. Leary

Appellate Division of the Supreme Court of New York, Second Department
Dec 17, 2001
289 A.D.2d 377 (N.Y. App. Div. 2001)
Case details for

Kissling v. Leary

Case Details

Full title:LAWRENCE KISSLING, et al., appellants, v. BARBARA BALDWIN LEARY, et al.…

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

Date published: Dec 17, 2001

Citations

289 A.D.2d 377 (N.Y. App. Div. 2001)
734 N.Y.S.2d 875

Citing Cases

TCJS Corp. v. Koff

The defendants established their prima facie entitlement to judgment as a matter of law dismissing the…

Morris v. Adams

e showing that the defendants Malcolm Louis Adams and Tricia C. Gordon Adams (hereinafter the Adams…