Legal Opinion

State v. Seventh Regiment Fund

Appellate Division of the Supreme Court of the State of New York

Decided May 6, 2008PublishedCited by 1 opinion

1Opinion of the Court

Judgment, Supreme Court, New York County (Richard F. Braun, J.), entered October 27, 2006, after a nonjury trial, declaring plaintiff the owner of certain property, unanimously affirmed, without costs.

The trial court fairly interpreted the evidence in finding that defendant had failed to carry its burden, as the party asserting the statute of limitations, of proving that defense (see New York City Campaign Fin. Bd. v Ortiz, 38 AD3d 75, 80 [2006]). In finding defendant to be a bona fide purchaser of the subject property so that plaintiff’s conversion claim accrued upon demand and refusal in…

2Cases cited5 opinions

  1. Weiner v. McGraw-Hill, Inc.New York Court of Appeals · 1982
  2. Hamer v. . SidwayNew York Court of Appeals · 1891
  3. Apfel v. Prudential-Bache Securities Inc.New York Court of Appeals · 1993
  4. State v. Seventh Regiment Fund, Inc.New York Court of Appeals · 2002
  5. New York City Campaign Finance Board v. OrtizAppellate Division of the Supreme Court of the State of New York · 2006

3Cited by1 opinion

  1. Rosario v. SimmonsAppellate Division of the Supreme Court of the State of New York · 2019

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