Huston v. Alexander

Appellate Division of the Supreme Court of New York

Huston v. Alexander

27 A.D.2d 641, 275 N.Y.S.2d 545, 1966 N.Y. App. Div. LEXIS 2916

CourtAppellate Division of the Supreme Court of the State of New York

DecidedDecember 8, 1966

StatusPublished

This text of 27 A.D.2d 641 (Huston v. Alexander) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Huston v. Alexander, 27 A.D.2d 641, 275 N.Y.S.2d 545, 1966 N.Y. App. Div. LEXIS 2916 (N.Y. Ct. App. 1966).

Pincite

Opinion

Judgment and order unanimously affirmed, without costs of this appeal to either party. Memorandum: The trial court properly found for the defendant and dismissed the complaint. The court, however, erred in basing its decision on the recording act, which has no application to the issue here presented. The findings of the court that the deed was not obtained through fraud, misrepresentation, undue influence and/or mistake on plaintiff’s part are well supported by the record and the determination that the deed was not null and void is affirmed. (Appeal from judgment and order of Monroe Trial Term dismissing the complaint in an action to set aside a deed.) Present — Bastow, J. P., Goldman, Henry, Del Yecehio and Marsh, JJ.

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Judgment and order unanimously affirmed, without costs of this appeal to either party. Memorandum: The trial court properly found for the defendant and dismissed the complaint. The court, however, erred in basing its decision on the recording act, which has no application to the issue here presented. The findings of the court that the deed was not obtained through fraud, misrepresentation, undue influence and/or mistake on plaintiff’s part are well supported by the record and the determination that the deed was not null and void is affirmed. (Appeal from judgment and order of Monroe Trial Term dismissing the complaint in an action to set aside a deed.) Present — Bastow, J. P., Goldman, Henry, Del Yecehio and Marsh, JJ.

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Bluebook (online)

27 A.D.2d 641, 275 N.Y.S.2d 545, 1966 N.Y. App. Div. LEXIS 2916, Counsel Stack Legal Research, https://law.counselstack.com/opinion/huston-v-alexander-nyappdiv-1966.