COMMANDMENT KEEPERS ETHIOPIAN HEBREW CONGREGATION OF LIVING GOD v. 31 MOUNT MORRIS PARK, LLC

3103, 3104, 106102/07

76 A.D.3d 465 (2010)

908 N.Y.S.2d 1

COMMANDMENT KEEPERS ETHIOPIAN HEBREW CONGREGATION OF THE LIVING GOD, PILLAR AND GROUND OF TRUTH, INC., Appellant, v. 31 MOUNT MORRIS PARK, LLC, et al., Respondents, et al., Defendants.

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

Decided August 24, 2010.


A bona fide purchaser or encumbrancer for value is protected in its title unless it had previous notice of the fraudulent intent of its immediate grantor (Real Property Law § 266). 31 MMP made a prima facie showing that it was a bona fide purchaser by demonstrating it had paid valuable consideration for the property, in good faith and with no knowledge of the alleged fraud. Moreover, at the time of the purchase, the buyers relied on two orders from Supreme Court, obtained...

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