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Dwyer v. Adler

Appellate Division of the Supreme Court of New York, Second Department
Jun 22, 1998
251 A.D.2d 535 (N.Y. App. Div. 1998)

Opinion

June 22, 1998

Appeal from the Supreme Court, Westchester County (Nastasi, J.).


Ordered that the orders are affirmed, without costs or disbursements.

The presumption with recorded deeds is that there was delivery as of the date thereof unless there is evidence to the contrary (see, Real Property Law § 244; Ten Eyck v. Whitbeck, 156 N.Y. 341, 352; Manhattan Life Ins. Co. v. Continental Ins. Co., 33 N.Y.2d 370; Whalen v. Harvey, 235 A.D.2d 792). The appellant offered no meaningful evidence to rebut the presumption of delivery. The documentary evidence in this case overwhelmingly supports the plaintiffs' position that the recorded deeds were delivered and accepted during the grantors' lifetime.

The purported new evidence submitted on the appellant's renewal motion was based on hearsay and, in any event, would not have altered the result (see, Matter of Krewer, 233 A.D.2d 127; Moshy v. Moshy, 227 A.D.2d 182; Misek-Falkoff v. Village of Pleasantville, 207 A.D.2d 332).

Rosenblatt, J. P., Miller, Ritter and Goldstein, JJ., concur.


Summaries of

Dwyer v. Adler

Appellate Division of the Supreme Court of New York, Second Department
Jun 22, 1998
251 A.D.2d 535 (N.Y. App. Div. 1998)
Case details for

Dwyer v. Adler

Case Details

Full title:MICHAEL DWYER, et al., as Trustees Under Agreement of Trust Dated January…

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

Date published: Jun 22, 1998

Citations

251 A.D.2d 535 (N.Y. App. Div. 1998)
673 N.Y.S.2d 925

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