Legal Opinion
39 College Point Corp. v. Transpac Capital Corp.
Appellate Division of the Supreme Court of the State of New York
Decided October 17, 2005PublishedCited by 2 opinions
1Opinion of the Court
In an action pursuant to RPAPL article 15 for a judgment declaring a mortgage null and void, the plaintiff appeals from an order of the Supreme Court, Queens County (Dorsa, J.), dated October 7, 2004, which denied its motion, inter alia, for summary judgment declaring that the subject mortgage is null and void.
Ordered that the order is affirmed, with costs.
A certificate of acknowledgment attached to an instrument such as a mortgage raises the presumption of due execution, which presumption, in a case such as this, can be rebutted only after being weighed against any evidence adduced to show…
2Cases cited7 opinions
- Alvarez v. Prospect HospitalNew York Court of Appeals · 1986
- Lum v. AntonelliAppellate Division of the Supreme Court of the State of New York · 1984
- Lum v. AntonelliNew York Court of Appeals · 1985
- Albin v. First Nationwide Network Mortgage Co.Appellate Division of the Supreme Court of the State of New York · 1998
- Republic Pension Services, Inc. v. CononicoAppellate Division of the Supreme Court of the State of New York · 2000
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3Cited by2 opinions
- ABN AMRO Mortgage Group, Inc. v. StephensAppellate Division of the Supreme Court of the State of New York · 2012
- Alfieri Ex Rel. Estate of Alfiere v. Guild Times Pension PlanDistrict Court, E.D. New York · 2006