1. Home
  2. Browse Decisions
  3. A.D.3d
  4. 190 A.D.3d
  5. 190 A.D.3d 450 (2021)
 

BANK OF NEW YORK MELLON v. BENTLEY

Index No. 850329/14. Appeal No. 12812. Case No. 2019-5539.

190 A.D.3d 450 (2021)

140 N.Y.S.3d 202

2021 NY Slip Op 00080

The Bank of New York Mellon, Formerly Known as The Bank of New York, as Trustee for the Certificate Holders of CWABS, Inc., Asset Backed Certificates, Series 2007-1,000 Appellant, v. Roger Bentley et al., Defendants, and 136 Beekman, LLC, Respondent.

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

Decided January 7, 2021.

Attorney(s) appearing for the Case

Davidson Fink LLP, Rochester ( Richard N. Franco of counsel), for appellant.

Borchert & LaSpina, P.C., Whitestone ( Robert W. Frommer of counsel), for respondent.

Concur—Manzanet-Daniels, J.P., Kapnick, Moulton, González, Scarpulla, JJ.

The record evidence of payments and satisfaction of two other recorded mortgage interests supports the motion court's finding that defendant 136 Beekman's immediate predecessor in interest, its sole member, was a good faith purchaser for value not subject to the unrecorded consolidated mortgage that plaintiff owns (see Real Property Law § 291; Andy Assoc. v Bankers Trust Co., 49 N.Y.2d 13, 16-17 [1979]; Farrell v Sitaras...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases