Town of Brookhaven v. Dinos

76 A.D.2d 555, 431 N.Y.S.2d 567, 1980 N.Y. App. Div. LEXIS 12170
CourtAppellate Division of the Supreme Court of the State of New York
DecidedAugust 25, 1980
StatusPublished
Cited by15 cases

This text of 76 A.D.2d 555 (Town of Brookhaven v. Dinos) 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
Town of Brookhaven v. Dinos, 76 A.D.2d 555, 431 N.Y.S.2d 567, 1980 N.Y. App. Div. LEXIS 12170 (N.Y. Ct. App. 1980).

Opinion

OPINION OF THE COURT

Lazer, J. P.

At issue in this proceeding under the Condemnation Law are conflicting claims of title to certain land acquired by the Town of Brookhaven for sanitary landfill purposes designated as Damage Parcels 88.2D (3 to 5 inclusive) (Part) and 88.2D (5 to 8 inclusive) (Part). The taking map named Lubmos Realty Corp. as the owner of the condemned land, but at a hearing conducted at Special Term to adjudicate the question of title, other claimants vigorously contested Lubmos’ interest. Special Term decided in favor of Lubmos and rejected the claims of John J. and Elizabeth A. Baxter and Albert Nusbaum (BaxterNusbaum). This appeal is the consequence.

The property involved consists of certain portions of "long lot 29” on the Great Division of Lots of the Town of Brookhaven of 1733 (see Records of Town of Brookhaven, Book C, 1687-1789). The long lots in the Great Division—appropriately named because of their extreme length—have, over the years, been the subject of numerous plat filings. Two maps, filed more than seven decades ago, are the focus of the current [557]*557controversy. In 1916 the County of Suffolk obtained title to the land underlying both maps by tax lien foreclosures and decades later issued quitclaim deeds to the instant claimants or their predecessors. Lubmos derives its title through a deed dated October 6, 1954 from the county to Helen Goldstine, Lubmos’ predecessor in title. In that deed the property conveyed is described as consisting of certain blocks and lots in section 7 of the Map of Broadway Central Realty Co. filed April 15, 1906, file 396. Baxter-N usbaum did not receive their grants from the county until 1963, but their deeds describe the property conveyed by reference to blocks and lots on the map of Great South Bay Park filed April 28, 1897, file 483.

Lubmos’ claim is simple: since section 7 of the Broadway Central map covers the portion of long lot 29 taken in the condemnation proceeding, once the county conveyed to Lubmos’ predecessor, it divested itself of title leaving nothing which could be conveyed to Baxter-N usbaum. Baxter-Nusbaum’s contentions are multiple: (1) the Broadway Central map, upon which the Lubmos claim is based, does not cover long lot 29; (2) the reference to the Broadway Central map in the county’s deed to Lubmos’ predecessor comprises an insufficient description by which to convey title; and (3) the Great South Bay map does cover the condemned portion of long lot 29, rendering the county’s conveyance by reference to that map sufficient to convey good title. Lubmos responds to these postulations by urging that the record demonstrates that the individual who filed the relevant Great South Bay map in 1897 had no title to long lot 29 and, therefore, the county acquired no title to that long lot when it foreclosed the Great South Bay map in 1916. As a consequence, title could not be conveyed by reference to that map. In any event, posits Lubmos, when valid and invalid title to long lot 29 merged in the county in 1916, the first deed out of the county conveyed good title.

Special Term resolved these antithetical contentions by determining that when the county foreclosed on both maps in 1916, title underlying the Broadway Central map was valid while that underlying Great South Bay was not; that the two titles, valid and invalid, merged when the county foreclosed the property under both descriptions; and that there was a total overlay between the two maps. The court thus adopted Lubmos’ position that the first deed out of the county conveyed good title rendering the subsequent deeds nullities. We [558]*558believe that this analysis was erroneous and that reversal is required.

In rejecting the Baxter-Nusbaum claims, Special Term acknowledged that the Great South Bay map was filed prior to the Broadway Central map, but it found that William "Net-land” (actually Netling), who filed the earlier map, did not possess title to long lot 29 which the plat purported to cover. To support this finding, Special Term relied on Gaydos v Edwards (139 NYS2d 154, affd sub nom. Gaydos v Gygi, 2 AD2d 681), in which Netling’s title to an adjacent long lot covered by another section of the Great South Bay map was held invalid as against a different competing map. Our examination of the record reveals that when Netling filed the instant Great South Bay map he owned long lot 29.

Special Term’s error in title analysis seems to stem from the fact that it overlooked or discounted a substantial portion of the evidence which supported Netling’s title. Six deeds received in evidence at the trial established a chain of title which supports the view that Netling owned long lot 29 when he filed the Great South Bay map. Special Term’s finding to the contrary apparently derived from the fact that several of the deeds in the chain of title were not filed until a year after Netling obtained and recorded his deed to the property. Yet, the title examiners who testified at the trial—including Lubmos’ own witness—conceded that the tardily recorded deeds were valid and constituted a proper part of the Netling title chain. The record indicates that during the interim between the conveyance to Netling and the recording of the earlier instruments in his chain, no other conveyances of the property were recorded. In the absence of evidence to the contrary, the date a deed was signed is presumed to be the date of delivery (Purdy v Coar, 109 NY 448; People v Snyder, 41 NY 397; Matter of Wright v State of New York, 37 AD2d 874; 1A Warren’s Weed, New York Real Property [4th ed], Deeds, § 2.03) and there is no presumption that it was not delivered until recorded (Robinson v Wheeler, 25 NY 252; Ford v Gayle, 155 App Div 675). Clearly, then, there is no reason why the questioned deeds should be disregarded as part of the chain, and we conclude that Netling had title when he filed the Great South Bay map.

The trial court’s reliance on Gaydos v Edwards (supra) also was misplaced. While Gaydos did hold that one of the Great South Bay plats was a nullity, it did so with reference [559]*559to a plat which covered a different long lot. In Gaydos (supra), the competing map was not a section of the Broadway Central plat; indeed, there is no proof that the Broadway Central map was filed by the owner of the property purportedly covered by it, nor is there any record of any deed conveying out Broadway Central lots from the date of the filing of the map to the county’s acquisition of title. On this appeal, Lubmos makes no effort to support the original Broadway Central titles and relies instead on Special Term’s merger rationale—that title, valid and invalid, merged when the county foreclosed both maps, and therefore the first deed out of Suffolk County vested good title in the grantee. The validity of this theory depends on the existence of a complete congruity or overlay of both maps and the adequacy of the descriptions used in the instruments of conveyance. Unless both maps covered the identical property, the merger would be incomplete and, to the extent of noncongruity, the title granted in the first deed would continue to be dependent on the validity of the title acquired when the county foreclosed the land described in the first deed. In determining that a complete overlay existed, Special Term relied on the testimony of two expert witnesses who testified for the town. Not only did their testimony fail to provide a basis for the determination of a complete overlay, but it compels a contrary conclusion.

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Bluebook (online)
76 A.D.2d 555, 431 N.Y.S.2d 567, 1980 N.Y. App. Div. LEXIS 12170, Counsel Stack Legal Research, https://law.counselstack.com/opinion/town-of-brookhaven-v-dinos-nyappdiv-1980.