Opinion
April 14, 1992
Appeal from the Supreme Court, New York County (William P. McCooe, J.).
It is uncontroverted that the defendant partnership unconditionally delivered the deeds at issue to counsel for Crossland on February 7, 1991. These deeds, which were duly acknowledged, were accepted and retained without objection by counsel on said date. Accordingly, under these circumstances, title to the property vested on that date thus commencing the 90-day time period set forth in RPAPL 1371 (2) (see, Sanders v Palmer, 113 A.D.2d 882, affd 68 N.Y.2d 180). The fact that a deed may not be recorded until a later date does not affect the validity of the conveyance (see, James v Lewis, 135 A.D.2d 785, 786). We find the provisions of RPAPL to govern herein as plaintiff has chosen to pursue its foreclosure remedy in Supreme Court.
Concur — Sullivan, J.P., Ellerin, Asch and Kassal, JJ.