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CADLEROCK JOINT VENTURE, L.P. v. BERSSON

8980, 604191/06.

102 A.D.3d 466 (2013)

958 N.Y.S.2d 340

2013 NY Slip Op 128

CADLEROCK JOINT VENTURE, L.P., Appellant-Respondent, v. DAVID S. BERSSON et al., Defendants. ELAINE THOMPSON, Proposed Intervenor-Plaintiff, and MARC BENHURI et al., Proposed Intervenors-Appellants, v. MEL COOPER, Proposed Defendant, and IMPERIAL CAPITAL, LLC, Proposed Intervenor-Respondent.

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

Decided January 10, 2013.

Plaintiff and intervenors-appellants are correct that their judgments, entered in May 2007, have priority over the purported conveyance of the debtor's condominium via a deed dated and recorded in October 2007 (CPLR 5203). Moreover, the notation on the October 2007 deed that is "confirmatory" of a deed supposedly executed in April 2006 is insufficient to create or evidence a conveyance of real property at that early time (Real Property Law §§ 243, 291). The IAS...

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