Braun v. Consolidated Rail Corp.

The defendant placed the ownership of the property where the alleged accident occurred in issue by claiming that it transferred title thereto to Metro-North Commuter Railroad Company prior to the date of the accident (see, Felicio v City of New York, 274 App Div 930). Two deeds, both bearing the same date, January 1, 1983, which was prior to the accident, have been produced. Each deed was signed on behalf of the defendant by its vice-president, Richard C. Sullivan.

There is a presumption that the date appearing on a deed represents the date that the deed was delivered and accepted. However,…