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FORBES v. AARON

5388/09.

27 Misc.3d 719 (2010)

897 N.Y.S.2d 849

DUNCAN FORBES, Plaintiff, v. LINDA D. AARON et al., Defendants.

Supreme Court, Kings County.

Decided March 4, 2010.

Attorney(s) appearing for the Case

Akerman Senterfitt, LLP, New York City, for Bank of New York, defendant.

Ateshoglou & Aiello, P.C., New York City, for plaintiff.

OPINION OF THE COURT

HERBERT KRAMER, J.

When does title pass in a foreclosure action? This court holds that title passes only when the foreclosure sale is completed. Defendant Bank of New York (BNY) moves to dismiss the complaint based on the assertion that it was not the owner of the property on the date of the accident and therefore owed no duty to the plaintiff.

Plaintiff Duncan Forbes allegedly tripped...

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