Staine v. Summit Place, Inc.

*331Order, Supreme Court, Bronx County (Dianne T. Renwick, J.), entered November 17, 2005, which canceled plaintiffs notice of pendency, dismissed the action and directed the Clerk to enter judgment declaring defendant Mansion Homes the lawful fee owner, unanimously affirmed, with costs.

In support of its counterclaim for a declaratory judgment as to title, defendant Mansion Homes submitted documentary evidence of its ownership of the disputed property. The party that purportedly conveyed the lot to plaintiff never had record title to that property, and a grantor cannot convey that which it does…