Alleged Forged Deed—Illegible Motion Exhibits—Even an Expert Who Could Decipher Ancient Hieroglyphics, Would Be Challenged in Deciphering the Deed—Constructive Trust—Fraud—Conversion—Partition—"Surprisingly, No New York Decisions Determine Whether Illegible Terms Of Contracts Not Governed By CPLR §4544 Are Binding"—Court Held That "If Contract Terms Are Illegible, Mutual Assent to Those Terms, a Necessary Element of a Binding Contract, Is Impossible"—On Prior Occasions, Court Denied Motions Based on Illegible Documents by Reading a Denial of Such Motions Into the Record—Now, Court Believed That Illegible Document Problem Should Be Addressed In a Written Decision and Expressed the Hope That Attorneys Would "Review Submitted Documents To Ensure That Legible Copies Only are Submitted"—Violation of IAS Part 2 Rule-E-File Documents Should Be Attached as Exhibits Rather Than Be Incorporated By Reference—Court Should Not Have To "Hop … Like A Rabbit" To Locate Documents

The court observed that notwithstanding "21st century technological advances," it has been "confronted on various occasions with documents submitted on motions which could use the assistance of a Champollion to decipher." The court explained that Jean-Francois Champollion (1790/1832) was a "younger contemporary of Napoleon Bonaparte" and a "French Philologist and Egyptologist credited with having deciphered ancient hieroglyphics through translation of the Rosetta Stone."

This decision involves a dispute as to who owns certain property (property). The plaintiffs alleged that by a deed dated Nov. 27, 1982, a non-party "A" purchased the property; "the deed embodying the transfer to ("A") was recorded on December 16, 1982." The defendants "A" and "B" maintained a "non-marital relationship." The plaintiffs, children of "B," "while not being an issue of ("A"), maintained a close relationship with the latter."