New Century Mtge. Corp. v McDonald

New Century Mtge. Corp. v McDonald 2013 NY Slip Op 00125 Decided on January 10, 2013 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on January 10, 2013
Friedman, J.P., Sweeny, Acosta, Abdus-Salaam, Manzanet-Daniels, JJ.
8977 14859/06 6274/07

[*1]New Century Mortgage Corporation, Plaintiff-Respondent,

v

Nicola McDonald, Defendant-Respondent, Gregory Pinnock, et al., Defendants, Rolda . Furlonge, et al., Defendant-Appellants. [And Another Action]




McMillian, Constabile, Maker & Perone, LLP, Larchmont
(Gary Kyme of counsel), for appellants.
DelBello Donnellan Weingarten Wise & Wiederkehr, LLP,
White Plains (Jacob E. Amir of counsel), for New Century
Mortgage Corporation, respondent.
Law Offices of Joseph A. Altman, P.C., Bronx (Joseph A.
Altman of counsel), for Nicola McDonald, respondent.

Judgment, Supreme Court, Bronx County (Kenneth L. Thompson, J.), entered August 30, 2011, inter alia, adjudging defendant Nicola McDonald the rightful owner of the subject property, unanimously affirmed, with costs.

Defendants Rolda V. Furlonge and First Franklin failed to establish prima facie that Furlonge paid valuable consideration for the property and therefore was a bona fide purchaser entitled
to the protection of Real Property Law § 291 or § 266 (see Commandment Keepers Ethiopian [*2]Hebrew Congregation of the Living God, Pillar & Ground of Truth, Inc. v 31 Mount Morris Park, LLC, 76 AD3d 465 [1st Dept 2010]; HSBC Mtge. Servs., Inc. v Alphonso,
58 AD3d 598, 600 [2d Dept 2009]).

THIS CONSTITUTES THE DECISION AND ORDER
OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: JANUARY 10, 2013

CLERK