Butt v. Malik

In an action, inter alia, for a judgment declaring that a certain deed is void and that the plaintiff is the sole owner of certain real property, the defendants appeal, as limited by their brief, from so much of an order of the Supreme Court, Kings County (Baynes, J.), dated January 30, 2013, as, in effect, granted those branches of the plaintiffs motion which were for summary judgment declaring that the subject deed is void and that the plaintiff is the sole owner of the subject property, and pursuant to CPLR 3211 (a) (5) to dismiss, as time-barred, the counterclaim to impose a constructive…