Fan–Dorf Props., Inc. v. Classic Brownstones Unlimited, LLC

• Decision Date: 28 February 2013
• Citation: 960 N.Y.S.2d 99,103 A.D.3d 589,2013 N.Y. Slip Op. 01325
• Parties: FAN–DORF PROPERTIES, INC., et al., Plaintiffs–Appellants, v. CLASSIC BROWNSTONES UNLIMITED, LLC, Defendant–Respondent, 15 West 129th Street Corp., Defendant.
• Court: New York Supreme Court — Appellate Division

103 A.D.3d 589
960 N.Y.S.2d 99
2013 N.Y. Slip Op. 01325

FAN–DORF PROPERTIES, INC., et al., Plaintiffs–Appellants,
v.
CLASSIC BROWNSTONES UNLIMITED, LLC, Defendant–Respondent,
15 West 129th Street Corp., Defendant.

Supreme Court, Appellate Division, First Department, New York.

Feb. 28, 2013.

[960 N.Y.S.2d 100]

Craig K. Tyson, New York, for appellants.

Char & Herzberg LLP, New York (Edward M. Char of counsel), for respondent.

TOM, J.P., SWEENY, RENWICK, ABDUS–SALAAM, MANZANET–DANIELS, JJ.

[103 A.D.3d 589]Order, Supreme Court, New York County (Manuel Mendez, J.), entered August 2, 2012, which denied plaintiffs' motion to renew, unanimously reversed, on the law, the facts, and in the exercise of discretion, without costs, the motion granted and, upon renewal, defendant Classic Brownstones Unlimited, LLC's (defendant) motion to dismiss and for summary judgment denied. Appeal from order, same court and Justice, entered [103 A.D.3d 590]August 30, 2011, which granted defendant's motion to dismiss and for summary judgment, unanimously dismissed, without costs, as academic.

In this action to quiet title to real property located at 15 West 129th Street in New York, brought pursuant to RPAPL Article 15, defendant met its prima facie burden of showing that it is a bona fide purchaser for value, entitled to the protection of Real Property Law § 266, by submitting the deeds in its chain of title, all of which were duly acknowledged and recorded, and an affidavit from defendant's managing member explaining that defendant purchased the subject property for $1,650,000 in an arms length transaction ( see Commandment Keepers Ethiopian Hebrew Congregation of the Living God, Pillar & Ground of Truth, Inc. v. 31 Mount Morris Park, LLC, 76 A.D.3d 465, 908 N.Y.S.2d 1 [1st Dept. 2010] ). In opposing defendant's motion, plaintiffs failed to raise an issue of fact because they only proffered the affirmation of counsel ( see Zuckerman v. City of New York, 49 N.Y.2d 557, 563, 427 N.Y.S.2d 595, 404 N.E.2d 718 [1980];Murray v. City of New York, 74 A.D.3d 550, 903 N.Y.S.2d 34 [1st Dept. 2010] ). However, in support of the motion to renew, plaintiffs submitted an abundance of evidence, including six affidavits and sworn statements and a host of public records, showing that the deed purportedly conveying the subject property,

[960 N.Y.S.2d 101]

which was signed by Robert Adamson, as president of plaintiff Fan–Dorf Properties, Inc., was forged.

Plaintiffs' evidence established that...