Diallo v Grand Bay Assoc. Enters., Inc.

2011 NY Slip Op 05414 [85 AD3d 628]

June 23, 2011

Appellate Division, First Department

As corrected through Wednesday, August 10, 2011

Ibrahim Diallo, Appellant, v Grand Bay AssociatesEnterprises, Inc., et al., Respondents.

—[*1]Calman Greenberg, Bronx, for appellant.

Order, Supreme Court, Bronx County (Kenneth L. Thompson, J.), entered February 18, 2010,which, to the extent appealed from as limited by the briefs, denied plaintiff's motion for summaryjudgment on his claim for declaratory relief, unanimously reversed, on the law, with costs, andthe motion granted to the extent of declaring that the deed, dated June 28, 2001, purportedlyconveying the subject premises from plaintiff to defendant Grand Bay Associates Enterprises,Inc. is null and void.

It is undisputed that Grand Bay, which did not oppose plaintiff's motion, is a nonexistententity, having never attained corporate status. An entity that has neither de facto nor de jure statuscannot take title to real property, notwithstanding that the instrument purports to convey the realproperty to it (see Matter ofHausman, 13 NY3d 408, 413 [2009]). Accordingly, the purported conveyance is void(id.). Concur—Tom, J.P., Friedman, Acosta, Renwick and DeGrasse, JJ.[Prior Case History: 26 Misc 3d 1222(A), 2010 NY Slip Op 50214(U).]