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CASTIGLIA v. COLONIAL PINES, INC.

187 A.D.2d 994 (1992)

Peter J. Castiglia, Appellant, v. Colonial Pines, Inc., et al., Respondents. (Appeal No. 1.)

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

November 18, 1992

Order unanimously affirmed with costs.

Memorandum:

Plaintiff is attempting to set aside a judgment of foreclosure based upon an unrecorded deed conveying part of the premises to him. It is undisputed that plaintiff never recorded that purported deed at any time prior to defendants' filing their notice of pendency (see, CPLR 6501) and commencing the foreclosure action. Plaintiff's complaint was properly dismissed...

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