Legal Opinion
Forbes v. Aaron
New York Supreme Court
Decided March 4, 2010PublishedCited by 2 opinions
1Opinion of the Court
OPINION OF THE COURT
Herbert Kramer, J.
*720When does title pass in a foreclosure action? This court holds that title passes only when the foreclosure sale is completed. Defendant Bank of New York (BNY) moves to dismiss the complaint based on the assertion that it was not the owner of the property on the date of the accident and therefore owed no duty to the plaintiff.
Plaintiff Duncan Forbes allegedly tripped and fell due to the sidewalk being broken adjacent to 11-74 New York Avenue, Brooklyn, New York, a multiple dwelling (the property) on March 1, 2008. At that time, the property was the subject…
2Cases cited4 opinions
- Dulberg v. EbenhartAppellate Division of the Supreme Court of the State of New York · 1979
- Da Costa v. Hamilton Republican ClubNew York Supreme Court · 1946
- Carnavalla v. FerraroAppellate Division of the Supreme Court of the State of New York · 2001
- Banque Arabe Et Internationale D' Investissement v. One Times Square Ltd.Appellate Division of the Supreme Court of the State of New York · 1996
3Cited by2 opinions
- Forbes v. AaronAppellate Division of the Supreme Court of the State of New York · 2011
- Armstrong v. Trustco Bank (In Re Armstrong)United States Bankruptcy Court, S.D. New York · 2010