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Torres v. Equity Holdings LLC

Complaint Alleged Forged Deed, Defendants Cannot Rely on Statute of Limitatons as Defense

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The following e-filed papers read herein: NYSCEF Doc Nos. Notice of Motion/Order to Show Cause/Petition/Cross Motion and Affidavits (Affirmations) Annexed 23-34 Opposition Affidavits (Affirmations) 36-38 Reply Affidavits (Affirmations) 39 Upon the foregoing papers in this action to quiet title to the property at 418 and 420 Lorimer Street in Brooklyn (“Property”), defendant Equity Holdings LLC (“Equity”) moves (Motion Sequence 2) for an order, pursuant to CPLR §3211 (a)(1) and (a)(7), dismissing the complaint and vacating the notice of pendency filed against the Property. By an October 22, 1986 deed, Anibal Torres (Torres) owned the Property. By a June 24, 2002 deed (2002 Deed), plaintiffs, Torres’ heirs, purportedly transferred the Property to Equity for $150,000. On June 31, 2002, the 2002 Deed in favor of Equity was recorded with the County Clerk’s office. On September 18, 2020, more than eighteen years later, plaintiffs commenced this action to quiet title to the Property by filing a summons and an unverified complaint seeking “to set aside a certain fraudulent deed recorded against [the Property]” (complaint at 1). The complaint alleges “[u]pon information and belief, Plaintiffs did not sign the Fraudulent [2002] Deed” and “[u]pon information and belief, Martin Kofman, the notary public who purportedly acknowledged the Plaintiffs’ signatures on the Fraudulent [2002] Deed, is a suspended New York State attorney…” who plaintiffs never met (id. at

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