New Falls Corp. v. Simmons

Appellate Division of the Supreme Court of New York

New Falls Corp. v. Simmons

35 A.D.3d 327, 825 N.Y.S.2d 362

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

DecidedDecember 28, 2006

StatusPublished

Cited by1 cases

This text of 35 A.D.3d 327 (New Falls Corp. v. Simmons) 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 Falls Corp. v. Simmons, 35 A.D.3d 327, 825 N.Y.S.2d 362 (N.Y. Ct. App. 2006).

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Opinion

Order, Supreme Court, Bronx County (Kenneth L. Thompson, Jr., J.), entered October 17, 2005, which, after a hearing, denied appellant’s motion to vacate the judgment of foreclosure and sale of unit 2D at 2200 East Tremont Avenue, vacate the referee’s deed, and dismiss the action, unanimously affirmed, without costs.

The evidence, fairly considered, permitted the disposition reached by the hearing court, particularly since the court’s findings were premised largely on assessment of witness credibility (see Watts v State of New York, 25 AD3d 324 [2006]). Appellant failed to meet its burden to prove that plaintiff had actual knowledge of the unrecorded “corrected” deed. Concur—Friedman, J.P., Nardelli, Gonzalez, Catterson and Kavanagh, JJ.

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Order, Supreme Court, Bronx County (Kenneth L. Thompson, Jr., J.), entered October 17, 2005, which, after a hearing, denied appellant’s motion to vacate the judgment of foreclosure and sale of unit 2D at 2200 East Tremont Avenue, vacate the referee’s deed, and dismiss the action, unanimously affirmed, without costs.

The evidence, fairly considered, permitted the disposition reached by the hearing court, particularly since the court’s findings were premised largely on assessment of witness credibility (see Watts v State of New York, 25 AD3d 324 [2006]). Appellant failed to meet its burden to prove that plaintiff had actual knowledge of the unrecorded “corrected” deed. Concur—Friedman, J.P., Nardelli, Gonzalez, Catterson and Kavanagh, JJ.

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Bluebook (online)

35 A.D.3d 327, 825 N.Y.S.2d 362, Counsel Stack Legal Research, https://law.counselstack.com/opinion/new-falls-corp-v-simmons-nyappdiv-2006.

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