Appellate Division of the Supreme Court of New York, 1998

Kelley v. Platt

Kelley v. Platt
Appellate Division of the Supreme Court of New York · Decided December 31, 1998
256 A.D.2d 1167; 682 N.Y.S.2d 364; 1998 N.Y. App. Div. LEXIS 14299
Kelley v. Platt

Opinion of the Court

—Order unanimously affirmed without costs. Memorandum: Supreme Court properly granted the motion of Sharon A. Platt (defendant) to dismiss the action under RPAPL article 15. Defendant’s submissions establish *1168that plaintiff does not have an interest in the real property. The allegations of plaintiff that he provided defendant with money for the down payment on the property and made payments on the mortgage are insufficient to support an RPAPL article 15 action. (Appeal from Order of Supreme Court, Oneida County, Grow, J. — RPAPL.) Present — Denman, P. J., Green, Hayes, Balio and Boehm, JJ.

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