PATMOS FIFTH REAL ESTATE INC. plf-ap, v. MAZL BUILDING, LLC def-res, SHIMON WOLKOWICKI, def

1482. PATMOS FIFTH REAL ESTATE INC. plf-ap, v. MAZL BUILDING, LLC def-res, SHIMON WOLKOWICKI, def — [AND A THIRD-PARTY ACTION] De Lotto & Fajardo LLP, New York (Eduardo A. Fajardo of counsel), for ap — Ganfer & Shore, LLP, New York (Ira Brad Matetsky of counsel), for res — Order, Supreme Court, New York County (Barbara Jaffe, J.), entered on or about May 20, 2015, which denied plaintiffs' motion for summary judgment on their second cause of action to vacate the deed recorded by defendant pursuant to Real Property Law §320, and to dismiss defendants' counterclaims and thirdparty claims, unanimously modified, on the law, to grant plaintiffs' motion with respect to their second cause of action, to declare that plaintiffs are and have been the sole owners of the subject property since December 23, 2009, and to dismiss defendants' affirmative defenses of laches and estoppel, and otherwise affirmed, without costs.

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1482. PATMOS FIFTH REAL ESTATE INC. plf-ap, v. MAZL BUILDING, LLC def-res, SHIMON WOLKOWICKI, def — [AND A THIRD-PARTY ACTION] De Lotto & Fajardo LLP, New York (Eduardo A. Fajardo of counsel), for ap — Ganfer & Shore, LLP, New York (Ira Brad Matetsky of counsel), for res — Order, Supreme Court, New York County (Barbara Jaffe, J.), entered on or about May 20, 2015, which denied plaintiffs’ motion for summary judgment on their second cause of action to vacate the deed recorded by defendant pursuant to Real Property Law §320, and to dismiss defendants’ counterclaims and thirdparty claims, unanimously modified, on the law, to grant plaintiffs’ motion with respect to their second cause of action, to declare that plaintiffs are and have been the sole owners of the subject property since December 23, 2009, and to dismiss defendants’ affirmative defenses of laches and estoppel, and otherwise affirmed, without costs.

In 2006, plaintiffs purchased property from defendant Mazl Building LLC (Mazl). In connection with the purchase, plaintiffs mortgaged and refinanced the property for a total consolidated mortgage with Mazl. Plaintiffs defaulted on the consolidated mortgage, which then included the remaining defendants, but defendants agreed to forbear and extend additional time and credit to plaintiffs.

PATMOS FIFTH REAL ESTATE INC. plf-ap, v. MAZL BUILDING, LLC def-res, SHIMON WOLKOWICKI, def

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