HEALY v. ARP CABLE, INC.


259 A.D.2d 380 (1999)

687 N.Y.S.2d 101

THOMAS F. HEALY et al., Respondents, v. ARP CABLE, INC., Formerly Known as GROUP W. CABLE, INC., Formerly Known as TELEPROMPTER CORPORATION, Appellant. (And a Third-Party Action.)

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

Decided March 23, 1999.


An issue of fact exists as to defendant's ownership of the premises, raised by, inter alia, the very quitclaim deed on which it relies, which is dated prior to the accident but was not recorded until more than a year after, and by the absence of any evidence as to when such deed was delivered. An undelivered deed does not transfer ownership (Manhattan Life Ins. Co. v Continental Ins. Cos., 33 N.Y.2d 370, 372), and since the...

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