Kelley v. Platt

Appellate Division of the Supreme Court of New York

Kelley v. Platt

256 A.D.2d 1167, 682 N.Y.S.2d 364, 1998 N.Y. App. Div. LEXIS 14299

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

DecidedDecember 31, 1998

StatusPublished

This text of 256 A.D.2d 1167 (Kelley v. Platt) 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

Kelley v. Platt, 256 A.D.2d 1167, 682 N.Y.S.2d 364, 1998 N.Y. App. Div. LEXIS 14299 (N.Y. Ct. App. 1998).

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Opinion

—Order unanimously affirmed without costs. Memorandum: Supreme Court properly granted the motion of Sharon A. Platt (defendant) to dismiss the action under RPAPL article 15. Defendant’s submissions establish [1168]*1168that plaintiff does not have an interest in the real property. The allegations of plaintiff that he provided defendant with money for the down payment on the property and made payments on the mortgage are insufficient to support an RPAPL article 15 action. (Appeal from Order of Supreme Court, Oneida County, Grow, J. — RPAPL.) Present — Denman, P. J., Green, Hayes, Balio and Boehm, JJ.

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—Order unanimously affirmed without costs. Memorandum: Supreme Court properly granted the motion of Sharon A. Platt (defendant) to dismiss the action under RPAPL article 15. Defendant’s submissions establish [1168]*1168that plaintiff does not have an interest in the real property. The allegations of plaintiff that he provided defendant with money for the down payment on the property and made payments on the mortgage are insufficient to support an RPAPL article 15 action. (Appeal from Order of Supreme Court, Oneida County, Grow, J. — RPAPL.) Present — Denman, P. J., Green, Hayes, Balio and Boehm, JJ.

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Bluebook (online)

256 A.D.2d 1167, 682 N.Y.S.2d 364, 1998 N.Y. App. Div. LEXIS 14299, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kelley-v-platt-nyappdiv-1998.