Case of first impression in the Appellate Division Second Department. The court applied the six year statute of limitations to a claim by a non-record owner, who was not in possession of realty, to vacate a recorded deed that allegedly was forged. This holding is distinguished from cases in the Appellate Division, the First Department, which applies the ten year statute of limitations applicable to quiet title claims.

Appellate Term, First Department, affirmed lower courts decision granting title insurance underwriter summary judgement dismissing claim by fee owner under a title policy based on violations of zoning regulations. Court held that zoning violations do not render title unmarketable and are not risks insured by title policy.

Claimant of death benefit under group life policy brought ERISA claim to recover benefit and counsel fees. At issue was whether the claimant’s failure to present evidence of decedent’s employment satisfactory to the plan administrator was a sufficient basis to grant summary judgment dismissing the claim. The plan obligated the claimant to present evidence of employment reasonably requested by the plan administrator. Claimant submitted 1099s but had no w-2 statements or employment contract with the decedent. Moreover decedent was not on employer’s medical insurance plan that was provided to employees. The court denied summary judgement and held a fact issue existed whether the request for specific documents to support the claim was reasonable and that the submission of 1099s was not conclusive on the issue of decedent’s employment status.