New Century Mortgage Corp. v. McDonald

Appellate Division of the Supreme Court of New York

New Century Mortgage Corp. v. McDonald

102 A.D.3d 465, 956 N.Y.S.2d 887

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

DecidedJanuary 10, 2013

StatusPublished

This text of 102 A.D.3d 465 (New Century Mortgage Corp. v. McDonald) 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

New Century Mortgage Corp. v. McDonald, 102 A.D.3d 465, 956 N.Y.S.2d 887 (N.Y. Ct. App. 2013).

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Opinion

Judgment, Supreme Court, Bronx County (Kenneth L. Thompson, J.), entered August 30, 2011, inter alia, adjudging defendant Nicola McDonald the rightful owner of the subject property, unanimously affirmed, with costs.

Defendants Rolda V. Furlonge and First Franklin failed to establish prima facie that Furlonge paid valuable consideration for the property and therefore was a bona fide purchaser entitled to the protection of Real Property Law § 291 or § 266 (see Commandment Keepers Ethiopian Hebrew Congregation of the Living God, Pillar & Ground of Truth, Inc. v 31 Mount Morris Park, LLC, 76 AD3d 465 [1st Dept 2010]; HSBC Mtge. Servs., Inc. v Alphonso, 58 AD3d 598, 600 [2d Dept 2009]). Concur— Friedman, J.P., Sweeny, Acosta, Abdus-Salaam and Manzanet-Daniels, JJ.

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Judgment, Supreme Court, Bronx County (Kenneth L. Thompson, J.), entered August 30, 2011, inter alia, adjudging defendant Nicola McDonald the rightful owner of the subject property, unanimously affirmed, with costs.

Defendants Rolda V. Furlonge and First Franklin failed to establish prima facie that Furlonge paid valuable consideration for the property and therefore was a bona fide purchaser entitled to the protection of Real Property Law § 291 or § 266 (see Commandment Keepers Ethiopian Hebrew Congregation of the Living God, Pillar & Ground of Truth, Inc. v 31 Mount Morris Park, LLC, 76 AD3d 465 [1st Dept 2010]; HSBC Mtge. Servs., Inc. v Alphonso, 58 AD3d 598, 600 [2d Dept 2009]). Concur— Friedman, J.P., Sweeny, Acosta, Abdus-Salaam and Manzanet-Daniels, JJ.

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Bluebook (online)

102 A.D.3d 465, 956 N.Y.S.2d 887, Counsel Stack Legal Research, https://law.counselstack.com/opinion/new-century-mortgage-corp-v-mcdonald-nyappdiv-2013.

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