BANKERS TRUST COMPANY OF CALIFORNIA, N.A. v. DUDLEY


13 A.D.3d 567 (2004)

788 N.Y.S.2d 398

BANKERS TRUST COMPANY OF CALIFORNIA, N.A., Respondent, v. FRANCES DUDLEY et al., Respondents. HENRY POUNCY, Nonparty Appellant; WINDSOR HOLDING CORP., Nonparty Respondent.

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

December 27, 2004.


Ordered that the order is affirmed, with costs.

The nonparty appellant, Henry Pouncy, initially the record owner of the subject premises, mortgaged the property in 1992. He defaulted on the loan secured by that mortgage, and a foreclosure action was commenced on or about April 20, 1996. In that same year, Pouncy allegedly deeded the premises to his goddaughter, the defendant Frances Dudley, so that she could take out a mortgage in her name, using her credit and income...

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