New York Court of Appeals Held That Forged Deed Is Not Subject to Statute of Limitations
The New York Court of Appeals (court) addressed the issue of whether a plaintiff’s claim which sought to set aside and cancel a defendant bank’s mortgage on the grounds that the money had been lent in reliance on a “forged deed,” was “time-barred under CPLR 213 (8).” The court held that since “a forged deed is void ab initio,” “any encumbrance upon real property based on a forged deed is null and void” and the statute of limitations (SOL) did not foreclose the plaintiff’s claim. The Appellate Division had affirmed the trial court’s dismissal of the plaintiff’s claims as time-barred. The Court of Appeals reversed.
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