Myers v. Key Bank

Kane, J. (dissenting).

We respectfully dissent.

The rather confusing, although undisputed, factual background of this case is as follows.

On September 2, 1975, Robert Clark (hereinafter decedent) acquired title to real property located in the Town of Catskill, Greene County, upon which was located the Sleepy Hollow Apartment complex (hereinafter the property). On November 22, 1978, William J. and Shirley E. Malik entered two judgments totaling in excess of $40,000 against decedent.1 However, a few days earlier, on November 7, 1978, decedent had executed, but did not deliver, a deed to the…