DE PAULIS HOLDING CORP. v. VITALE

2008-05508.

66 A.D.3d 816 (2009)

889 N.Y.S.2d 191

2009 NY Slip Op 7576

DE PAULIS HOLDING CORP., Respondent, v. ALBERT VITALE, Appellant.

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

Decided October 20, 2009.


Ordered that the order is affirmed insofar as appealed from, with costs.

In February 1985 the plaintiff acquired title from a third party to two lots of real property in Staten Island. The lots were identified in the deed conveying title as block 7464, lot 74 (described as "vacant land") and block 7464, lot 17 (described as the parcel "with buildings and improvements thereon"). Shortly thereafter, by deed dated February 27, 1985 (hereinafter the 1985 deed), the plaintiff...

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