BANK OF NEW YORK v. SEGUI

2010-12122.

91 A.D.3d 689 (2012)

937 N.Y.S.2d 95

2012 NY Slip Op 316

BANK OF NEW YORK, Respondent, v. MARGARITA SEGUI, Respondent, et al., Defendants. CHAIM STREICHER, Nonparty Appellant.

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

Decided January 17, 2012.


Ordered that the order is affirmed, with costs.

"`A marketable title is a title free from reasonable doubt, but not from every doubt.... [A] purchaser ought not to be compelled to take property, the possession or title of which he [or she] may be obliged to defend by litigation. He [or she] should have a title that will enable him [or her] to hold his [or her] land free from probable claim by another, and one which, if he [or she] wishes to sell, would be reasonably...

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