BOOTH v. AMERIQUEST MORTGAGE COMPANY


63 A.D.3d 769 (2009)

881 N.Y.S.2d 152

RICHARD P. BOOTH, Appellant-Respondent, v. AMERIQUEST MORTGAGE COMPANY, Respondent-Appellant.

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

Decided June 9, 2009.


Ordered that the order is affirmed, without costs or disbursements.

"[W]here a purchaser of land has knowledge of any facts sufficient to put him upon inquiry as to the existence of some right, or some title, in conflict with that he [or she] is about to acquire, he [or she] is presumed, either to have made the inquiry and ascertained the extent of such prior right, or to have been guilty of a degree of negligence equally fatal to his [or her] claim to be considered...

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