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SEAGIRT REALTY CORP. v. CHAZANOF

13 N.Y.2d 282 (1963)

Seagirt Realty Corp., Appellant, v. Jack Chazanof, Respondent.

Court of Appeals of the State of New York.

Decided December 30, 1963.

Attorney(s) appearing for the Case

Hein, Bradie, Waters & Klein (Thomas R. Newman of counsel), for appellant.

Maurice Young for respondent.

Judges FULD, VAN VOORHIS and FOSTER concur with Judge BURKE; Chief Judge DESMOND and Judge SCILEPPI dissent in separate opinions in each of which the other concurs and in both of which Judge DYE concurs.

BURKE, J.

This action, brought by plaintiff as the owner of real property, seeks, in effect, to remove a cloud on title. Defendant, the owner of record, conveyed the property to plaintiff in 1950. Plaintiff did not record this deed and it is now lost. The specific relief requested is a decree compelling the execution of a replacement deed. Although these simple affirmed findings of fact warrant the relief requested...

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