Appellate Division of the Supreme Court of New York, 1997

McLoughlin v. McLoughlin

Appellate Division of the Supreme Court of New York · Decided March 10, 1997

237 A.D.2d 336; 654 N.Y.S.2d 407; 1997 N.Y. App. Div. LEXIS 2367

Cases that cite this one

10 later published cases cite this decision.

Roil Energy, LLC v. Joseph (Jay) Edington, et ux (Wash. Ct. App. 2016)
United States v. Real Property, Including All Improvements Thereon & Appurtenances Thereto (United States District Court for the Middle District of Florida 2015)
Morin v. Morin (Appellate Division of the Supreme Court of New York 2021)
Camac v. 550 Realty Heights, LLC (Appellate Division of the Supreme Court of New York 2015)
Xui v. Iron City Properties, Inc. (Appellate Division of the Supreme Court of New York 2015)
TDNI Properties, LLC v. Saratoga Glen Builders, LLC (Appellate Division of the Supreme Court of New York 2011)
Scartozzi v. Scartozzi (Appellate Division of the Supreme Court of New York 2008)
Marlanx Corp. v. Lage (Appellate Division of the Supreme Court of New York 2003)
Gold v. New York State Business Group, Inc. (Appellate Division of the Supreme Court of New York 2001)
In re the Estate of Cahill (Appellate Division of the Supreme Court of New York 1999)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

*337In an action, inter alia, for a judgment declaring that the plaintiff is a tenant in common of an undivided one-half interest to certain real property, the defendant Dennis J. McLoughlin, Jr., appeals from a judgment of the Supreme Court, Suffolk County (Underwood, J.), entered October 10, 1996, which, inter alia, made the declaration.

Ordered that the judgment is reversed, on the law, with costs, and the matter is remitted to the Supreme Court, Suffolk County, for entry of a judgment declaring that Dennis J. Mc-Loughlin, Jr., is the sole owner of the subject property.

The plaintiff and the defendant Dennis J. McLoughlin, Jr. (hereinafter the appellant), executed a contract in January 1980, whereby the plaintiff agreed to convey her interest in the subject real property for the sum of $3,800. Pursuant to the terms of the contract, a quitclaim deed was executed by the plaintiff and delivered to the appellant’s attorney to be held in escrow until the full consideration was paid to plaintiff.

In 1989 the plaintiff commenced this action seeking, inter alia, a judgment declaring that she was "seized and possessed” as tenant in common of an undivided one-half interest in the property. The appellant counterclaimed alleging that he was the sole owner of the property pursuant to the contract.

"It is well established that transfer of title is accomplished only by the delivery and acceptance of an executed deed” (ERHAL Holding Corp. v Rusin, 229 AD2d 417, 419, citing Real Property Law § 244; Manhattan Life Ins. Co. v Continental Ins. Cos., 33 NY2d 370; see also, Ten Eyck v Whitbeck, 156 NY 341; D’Urso v Scuotto, 111 AD2d 305). Although a deed held in escrow constitutes a conditional delivery, the transfer takes effect when the condition is fulfilled (see, Tooker v Siegel-Cooper Co., 194 NY 442).

In the case at bar, the plaintiff concedes that she received the entire consideration from the appellant. Therefore, she is no longer seized of any interest in the property and the appellant is entitled to a declaration that he is the sole owner. Bracken, J. P., O’Brien, Santucci, Friedmann and Goldstein, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.