City of New York contracted to convey premises to defendant Allicott. The contract provided the parties’ successors, heirs, and assignees were bound by its terms. Prior to the closing defendant Allicott died. At the closing a relative of Allicott posed as Allicott and counter-signed the deed consenting to a limitation of use and occupancy. Allicott’s son took possession of the premises following the closing. The son paid the mortgage and taxes, resided in the premises and performed the grantee’s covenants in the deed. Five years later the City sought to declare the deed void on the basis the grantee’s signature on the deed was forged. The Court held a forged signature of a grantee does not render the deed void where there was no intent to defraud and no party was defrauded.

Plaintiff commenced quiet title action to establish ownership of three parcels. Plaintiff’s claim was not based on adverse possession. At his deposition plaintiff testified he had no documents to establish ownership of the parcels. Defendant then sought to amend her answer to assert Statute of Frauds as an affirmative defense. The Lower Court denied leave to amend. The Appellate Court reversed and granted leave to amend.  The Second Department reasoned that discovery was still incomplete, there was no prejudice to plaintiff, and leave to amend shall be freely granted.

Article 78 proceeding to determine validity of unpaid water and sewer charges assessed against real property by City of New York Department of Environment Protection dismissed. Petitioner objected to the water and sewer charges and subsequently entered into a settlement agreement with the City agency. After petitioner performed the settlement agreement by paying stipulated amounts, the City demanded payment of the balance of charges. Court held the Department of Environment Protection had no authority to enter into an accord and satisfaction of the charges.