SOFSKY v. ROSENBERG


76 N.Y.2d 927 (1990)

Sam Sofsky, Individually and as Executor of Henrietta Sofsky, Deceased, Appellant, v. David Rosenberg et al., Respondents, et al., Defendants.

Court of Appeals of the State of New York.

Decided October 18, 1990.


Attorney(s) appearing for the Case

Samuel Shapiro for appellant.

Mark C. Zauderer for David Rosenberg, respondent.

Alexander V. Sansone for Joseph Pomeranz, respondent.

Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA concur.


MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

In order to defeat the defendants' motions for summary judgment, plaintiff was required to show a triable issue of fact concerning the delivery of the deed to Rosenberg (CPLR 3212 [b]; McGahee v Kennedy, 48 N.Y.2d 832). Rosenberg's possession of the...

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