POPE v. SAGET


29 A.D.3d 437 (2006)

817 N.Y.S.2d 1

KENDALLE POPE, as Executrix of MAUD ATKINS, Deceased, et al., Respondents, v. ALIX SAGET et al., Defendants, and ALEW MANAGEMENT & DEVELOPMENT, LLC, et al., Appellants. KENDALLE POPE, as Executrix of MAUD ATKINS, Deceased, et al., Respondents, v. ALIX SAGET et al., Defendants, and EQUITY SETTLEMENT SERVICES, INC., Appellant.

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

May 23, 2006.


This case arises from a purported transfer of property at 145 West 132nd Street, Harlem, from an aged owner to multiple successive owners. The original owner, Maud Atkins, died on February 12, 1998. Plaintiff Kendalle Pope is Atkins's cousin and her executrix. Plaintiff Kevin Smith is Pope's brother and, under the Atkins will, a devisee to whom she bequeathed the subject premises.

A deed dated January 17, 1998 purportedly conveyed the premises from Atkins to defendant...

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