Gouvis v. Gouvis

In an action, inter alia, pursuant to RPAPL 1953 to compel the reconveyance of certain real property, the plaintiff appeals from so much of a judgment of the Supreme Court, Orange County (Horowitz, J.), dated June 15, 2006, as, after a nonjury trial, directed that the reconveyance be made subject to an existing mortgage on the property held by the defendant Ameriquest Mortgage Company.

Ordered that the judgment is affirmed insofar as appealed from, with costs.

Contrary to the plaintiffs contentions, a strict construction of the deed provision at issue (see generally Trustees of Calvary Presbyt.…