Reynolds v. Springer Service Station, Inc.
| Decision Date | 05 June 1989 |
| Citation | 542 N.Y.S.2d 256,151 A.D.2d 466 |
| Parties | James REYNOLDS, Appellant, v. SPRINGER SERVICE STATION, INC., et al., Defendants, Robert F. Luca, et al., Respondents. |
| Court | New York Supreme Court — Appellate Division |
Moinester & Hafner, Lynbrook (Bruce Hafner [Martin Rosen, Plainview], of counsel), for appellant.
Jones Hirsch Connors & Cull, New York City (James J. Gelber, of counsel), for respondents.
Before RUBIN, J.P., and SULLIVAN, HARWOOD and BALLETTA, JJ.
MEMORANDUM BY THE COURT.
In an action, inter alia, to set aside a fraudulent conveyance, the plaintiff appeals (1) from an order of the Supreme Court, Suffolk County (Lama, J.), dated February 5, 1988, which, inter alia, granted the motion of the defendants Robert F. Luca and Joan Ann Luca for summary judgment dismissing the complaint as against them, and (2) an order of the same court, dated June 21, 1988, which denied his motion in effect, for reargument.
ORDERED that the respondents are awarded one bill of costs.
On May 1, 1982, Robert and Joan Ann Luca entered into a contract to purchase a house in Commack, Long Island from William and Diane Springsteen, at a purchase price of $75,000. The house, which was listed for sale at an asking price of $79,999, had been on the market for some time before it was shown to the Lucas, who had never previously met the Springsteens. A title report prepared in connection with the sale revealed that two judgments, totalling approximately $26,300, had been docketed against the property by the plaintiff James Reynolds. At closing on September 10, 1982, $30,000 of the sales proceeds were placed in escrow to satisfy these judgments. The Lucas' deed was recorded on September 24, 1982. The plaintiff initiated this action, inter alia, to set aside the conveyance in late May or early June 1984, claiming to have purchased the property at a Sheriff's execution sale for $6,000 on August 25, 1982. It is undisputed that the plaintiff's deed to the subject property was never recorded. The Lucas thereafter moved for summary judgment dismissing the complaint as against them, contending that they had no actual or constructive notice of the Sheriff's sale, and that they had paid a valuable consideration for the property. The Supreme Court granted the Lucas' motion for summary judgment, and we affirm.
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...subsequent purchaser who acquires the property in good faith and for valuable consideration. Reynolds v. Springer Service Station, Inc., 151 A.D.2d 466, 467, 542 N.Y.S.2d 256, 257 (2d Dept.1989). The definition of purchaser contained within 26 U.S.C. ? 6323 also refers to state The term "pu......
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