Goldstein v. Gold

Rubin, J. (dissenting).

In my opinion, the filing of a notice of pendency under the circumstances of this case does not preclude the application of the equitable rule that where one of two innocent parties must suffer from the perpetration of a fraudulent act, the party who enabled the act to be done must suffer the loss. In accordance with this rule, the intervening defendant acquired title to the subject premises free of the plaintiff’s mortgage. Therefore, the judgment should be reversed insofar as appealed from, and the mortgage canceled of record.

Since the satisfaction piece and deed to…