PRINCE v. ACCARDO


54 A.D.3d 837 (2008)

863 N.Y.S.2d 819

ROGER PRINCE et al., Respondents, v. MICHEL-ANGELO ACCARDO et al., Defendants, and UNITED GENERAL TITLE INSURANCE COMPANY, Appellant.

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

September 16, 2008.


Ordered that the order is reversed, on the law, with costs, and the appellant's motion for summary judgment dismissing the complaint insofar as asserted against it is granted.

The plaintiffs, whose house was the subject of a foreclosure action, conveyed title to the house to the defendant Michel Angelo Accardo by deed executed on June 21, 2005. Thereafter, the plaintiffs remained in possession pursuant to a lease and purchase option agreement with Accardo.

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