Claim by unit owner against multiple title underwriters for conspiracy with condominium to omit plaintiff’s notice of pendency from title reports to enable re-sale of other units at inflated values dismissed on motion. Plaintiff failed to state how she was damaged by the alleged conspiracy.
Download PDF Bonnee Linden v. Brian MoskowitzAstoria Federal Savings & Loan Assoc-Fidelity NY vs. Marilyn Lane
Case of first impression where the court refused to hold the defendant’s removal of plaintiff’s foreclosure action to federal court divested the state court of jurisdiction to enter the judgment of foreclosure and sale. Defendant untimely filed a notice of removal immediately prior to the signing of judgment of foreclosure in the state court. The notice of removal was untimely and in bad faith. The case was remanded back to state court shortly after removal. In the interim and without notice of the removal, the state court signed the judgment of foreclosure. The defendant waited over ten years to seek to vacate the foreclosure sale. The court acknowledged a removal normally divests the lower court of jurisdiction. However, the court refused to vacate the judgment of foreclosure as it would only reward the defendant’s actions.
Download PDF Astoria Federal Savings & Loan Assoc-Fidelity NY vs. Marilyn Lane112-40 F.L.B. Corp vs. Tycoon Collections, Inc. vs. 112-40 F.L.B. Corp
Leave to intervene in quiet title action commenced by grantee of deed in a chain of title originating from a forged deed, granted to grantee of deed in chain of title originating from valid deed. Intervenor’s deed was not recorded prior to filing of plaintiff’s notice of pendency. The default of intervenor’s predecessor in title did not bar intervention as the intervenor had a substantial interest in the litigation.
Download PDF 112-40 F.L.B. Corp vs. Tycoon Collections, Inc. vs. 112-40 F.L.B. Corp