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ROBERTS v. HUGHES

3861, 20710/06, 3862.

82 A.D.3d 419 (2011)

918 N.Y.S.2d 71

CHRISILA L. ROBERTS, as Executrix of KATHLEEN HUGHES, Deceased, Respondent, v. JEANETH HUGHES et al., Defendants, and IMPAC FUNDING CORPORATION, Appellant. EMC MORTGAGE CORPORATION, Intervenor-Appellant.

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

Decided March 3, 2011.

The motion court correctly granted plaintiff summary judgment voiding the deed and the mortgage. Plaintiff demonstrated, prima facie, its entitlement to judgment as a matter of law by showing that defendant Jeaneth Hughes, decedent's daughter, lacked any legal basis to convey to herself the subject premises or to use it as security for the mortgage, since it was lawfully under the control of the estate. The record shows that the...

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