Legal Opinion
Estaba v. Estaba
Appellate Division of the Supreme Court of the State of New York
Decided June 23, 2015PublishedCited by 3 opinions
1Opinion of the Court
Order, Supreme Court, Bronx County (Howard H. Sherman, J.), entered December 1, 2014, which denied the motion of defendant Mortgage Electronic Registration Systems, Inc. (MERS) for summary judgment dismissing the complaint, unanimously affirmed, without costs.
The court properly determined that the action is not time-barred. A claim against a forged deed is not subject to a statute of limitations defense (see Faison v Lewis, 25 NY3d 220, 226 [2015]). In any event, CPLR 212 (a) would not bar plaintiff from bringing this action, as she sufficiently alleged her ownership and possession of the…
2Cases cited3 opinions
- Dorothy M. Faison v. Tonya LewisNew York Court of Appeals · 2015
- Seaboard Surety Co. v. Earthline Corp.Appellate Division of the Supreme Court of the State of New York · 1999
- Matter of MariniAppellate Division of the Supreme Court of the State of New York · 2014
3Cited by3 opinions
- Knight v. New York & Presbyt. Hosp.Appellate Division of the Supreme Court of the State of New York · 2023
- Countrywide Home Loans, Inc. v. GomezAppellate Division of the Supreme Court of the State of New York · 2016
- U.S. Bank Natl. Assn. v. GoldinAppellate Division of the Supreme Court of the State of New York · 2018