| Commandment Keepers Ethiopian Hebrew Congregation of the LivingGod, Pillar & Ground of Truth, Inc. v 31 Mount Morris Park, LLC |
| 2010 NY Slip Op 06461 [76 AD3d 465] |
| August 24, 2010 |
| Appellate Division, First Department |
| Commandment Keepers Ethiopian Hebrew Congregation of theLiving God, Pillar and Ground of Truth, Inc., Appellant, v 31 Mount Morris Park, LLC,et al., Respondents, et al., Defendants. |
—[*1] Herrick, Feinstein LLP, New York (M. Darren Traub of counsel), for respondents.
Judgment, Supreme Court, New York County (Richard F. Braun, J.), entered February 5,2009 (a) granting the motion by defendants 31 Mount Morris Park (31 MMP) and Taylor forsummary judgment declaring 31 MMP the record owner of the subject real property, (b)awarding said defendants summary judgment dismissing the complaint except as to plaintiff'sclaims regarding personal property and for damages, and (c) awarding 31 MMP summaryjudgment on its first counterclaim; and order, same court and Justice, entered March 27, 2009,which granted 31 MMP's motion to cancel a notice of pendency filed against the subjectproperty, unanimously affirmed, without costs.
A bona fide purchaser or encumbrancer for value is protected in its title unless it hadprevious 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 ithad paid valuable consideration for the property, in good faith and with no knowledge of thealleged fraud. Moreover, at the time of the purchase, the buyers relied on two orders fromSupreme Court, obtained pursuant to Religious Corporations Law § 12 (1) andNot-For-Profit Corporation Law § 511, expressly authorizing the purchase of the propertyfrom the seller (see Congregation Yetev Lev D'Satmar v 26 Adar N.B. Corp., 219 AD2d186 [1996], lv denied 88 NY2d 808 [1996]).
The buyers further demonstrated that a title search conducted prior to the closing revealedthat the seller was the record owner of the property and that there were no liens, encumbrancesor other notices that would prevent 31 MMP from purchasing the property. Plaintiff failed toraise an issue of fact to the contrary.
Since the buyers were properly declared the record owners of the subject real property [*2]and plaintiff's causes of action with respect to its alleged intereststherein were dismissed, plaintiff does not have a valid claim against the buyers and the notice ofpendency was properly cancelled (CPLR 6514 [b]; see Fleming-Jackson v Fleming, 41 AD3d 175 [2007]).Concur—Gonzalez, P.J., Andrias, Catterson, Renwick and Manzanet-Daniels, JJ.
Motion to strike portion of brief and for other related relief denied, and motion to dismissappeal as moot denied as academic.