Zucker Real Estate Corp. v. Milton E. Wilson et al.

Facts: In this motion to dismiss, the primary issue was the propriety of a deed dated 1978, which was improperly indexed against the wrong property. Plaintiff Zucker Real Estate Corp. (“Zucker”) purchased property in 2016 from the heirs of the original owner, Foote, without knowledge of any other deeds. Defendants claim that in 1978, Foote sold this property to Milton E. Wilson, and the deed representing this sale was improperly recorded against a different property. Zucker brought this action to quiet title to the property.

Holding: The Supreme Court holds that there are issues of fact concerning the knowledge of Plaintiff regarding the status of the property, which could not be resolved in the context of a motion to dismiss.

Submitted: Davida S. Scher, Esq.

Precis: Davida S. Scher