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TANZINI v. SUNSET BEACH PROP. OWNERS ASSN., INC.

195 A.D.2d 984 (1993)

600 N.Y.S.2d 522

Edward Tanzini et al., Plaintiffs, v. Sunset Beach Property Owners Assn., Inc., et al., Defendants. Edward Tanzini et al., Respondents, v. Richard T. Edwards et al., Appellants

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

July 16, 1993

Judgment unanimously reversed on the law without costs and complaint dismissed.

Memorandum:

Supreme Court erred in ordering defendants Richard and Shirley Edwards to execute documents necessary to transfer title of lot 35 to plaintiffs. The Edwardses, as good faith purchasers for value whose deed was first recorded, are entitled to possession of lot 35 (see, Real Property Law § 291). Plaintiffs failed...

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