Dwyer v. Adler

—In an action for partition of certain real property, the defendant Susan Adler appeals from (1) an order of the Supreme Court, Westchester County (Nastasi, J.), entered June 9, 1997, which, inter alia, denied her motion for summary judgment granting her title in fee simple to the subject property, and (2) an order of the same court entered September 17, 1997, which denied her motion, in effect, to renew.

Ordered that the orders are affirmed, without costs or disbursements.

The presumption with recorded deeds is that there was delivery as of the date thereof unless there is evidence to the…