David A. Kaminsky, Esq. of David A. Kaminsky & Associates, P.C. and of counsel attorney, James English, Esq. are pleased to report the successful defense of a matter of a motion to dismiss which sought to dismiss our client’s case based on claims of fraudulent conveyance and quiet title. A copy of our decision appeared on the front page of the court decisions section of the New York Law Journal on May 5, 2023 and a print of the summary of the case is shown below. We love to litigate real estate matters. Feel free to call us with your questions.
Case Digest Summary
Plaintiff alleged she and defendant, her accountant, signed a contract of sale and joint venture agreement, which is now void, invalid, and unenforceable, as defendant coerced her into signing the contract on July 1 2, 2004, and back-dated it to Dec. 31, 2003, for tax and sale purposes. Plaintiff asserted defendant took advantage of her and never made payments due. Plaintiff brought an action for, among other things, fraudulent conveyance, quiet title, and fraud. Defendant moved to dismiss the claim as time-barred. The court denied the motion as to the fraudulent conveyance/quiet title cause of action, holding that since plaintiff claimed she was in possession of the premises within 10 years of bringing the action, the right of action to remove a cloud on title is a continuous one accruing from day to day, and this right is not barred by the statute of limitations until the cloud is continued without interruption for a length of time sufficient to effect a change of title as a matter of law. The court also denied the motion as to the fraud cause of action, which plaintiff timely filed within two years of discovering that defendant purportedly co-owned the property.