Mott v. Carfizzi

—Yesawich Jr., J.

This is an action to determine title to a parcel of real property located in the Town of Newburgh, Orange County. Florence D. Mott, who believed herself to be the owner of the property, died in 1987. When plaintiff, in his capacity as executor of Mott’s estate, caused a "for sale” sign to be posted on the property, defendant Joseph A. Carfizzi, president of defendant Gardiner Industries, Inc. (hereinafter Gardiner), informed the realtor that Gardiner had a claim to the property by virtue of a correction deed recorded in 1989.

Plaintiff, who also claimed title by virtue of a…