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New Century Mortgage Corporation v. Nicola Mcdonald

New York Supreme and/or Appellate Courts Appellate Division, First Department


January 10, 2013

NEW CENTURY MORTGAGE CORPORATION,
PLAINTIFF-RESPONDENT,
v.
NICOLA MCDONALD,
DEFENDANT-RESPONDENT,
GREGORY PINNOCK, ET AL.,
DEFENDANTS, ROLDA . FURLONGE, ET AL., DEFENDANT-APPELLANTS.

New Century Mtge. Corp. v McDonald

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on January 10, 2013

Friedman, J.P., Sweeny, Acosta, Abdus-Salaam, Manzanet-Daniels, JJ.

[And Another Action]

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]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: JANUARY 10, 2013

CLERK

20130110

© 1992-2013 VersusLaw Inc.



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