Pilgrim v. Pantorilla
| Decision Date | 16 November 2016 |
| Parties | Madison PILGRIM, et al., appellants, v. Kristine PANTORILLA, respondent. |
| Court | New York Supreme Court — Appellate Division |
144 A.D.3d 882
42 N.Y.S.3d 172
2016 N.Y. Slip Op. 07634
Madison PILGRIM, et al., appellants,
v.
Kristine PANTORILLA, respondent.
Supreme Court, Appellate Division, Second Department, New York.
Nov. 16, 2016.
Welby, Brady & Greenblatt, LLP, White Plains, N.Y. (Gregory J. Spaun of counsel), for appellants.
Gugliotta & Ponzini, P.C., New Rochelle, N.Y. (John C. Gugliotta of counsel), for respondent.
RUTH C. BALKIN, J.P., L. PRISCILLA HALL, BETSY BARROS, and VALERIE BRATHWAITE NELSON, JJ.
In an action, inter alia, pursuant to RPAPL article 15 for a judgment declaring that the plaintiffs are the owners of a parcel of real property, the plaintiffs appeal, as limited by their brief, from so much of an order and judgment (one paper) of the Supreme Court, Westchester County (Connolly, J.), dated January 6, 2016, as granted that branch of the defendant's motion which was pursuant to CPLR 3211(a) to dismiss the complaint and declared the defendant to be the owner of the subject property.
ORDERED that the order and judgment is affirmed insofar as appealed from, with costs.
The complaint alleges that the plaintiffs, Madison Pilgrim and Krystal Pilgrim (hereinafter together the Pilgrims), acquired title to a parcel of property in New York (hereinafter the New York property) by deed dated September 5, 2012, and that thereafter a dispute arose between the Pilgrims and the defendant, Kristine Pantorilla, regarding that property and another property located in Jersey City, New Jersey (hereinafter the New Jersey property). Pantorilla commenced an action against the Pilgrims in New York pertaining to the New York property, and an action in New Jersey pertaining to the New Jersey property. Both of the actions were resolved by a stipulation of settlement. The settlement provided, in pertinent part, that the Pilgrims would execute deeds conveying both properties to Pantorilla, that the New York property “be immediately listed for sale with Pelham Realty ... who shall set the listing
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