Olowofela v. Olowofela

Summary

The Appellate Division, Second Department, reversed an order granting summary judgment to 1822 Nostrand Realty, LLC, on claims seeking to set aside an allegedly forged deed or impose a constructive trust. The court held that the intervenor-defendant did not establish the defense of laches as a matter of law because the plaintiffs' evidence raised an issue regarding when they learned of the allegedly forged deed and showed that they asserted their claim before the property's sale. The appeal from a subsequent order denying a stay was dismissed as academic.

Holdings

1. The intervenor-defendant was not entitled to summary judgment on laches grounds because it failed to make a prima facie showing that the plaintiffs inexcusably delayed asserting their claim to the property.
2. The appeal from the order denying the CPLR 5519(c) stay was dismissed as academic because the Appellate Division had already granted the requested stay.

Questions Presented

1. Whether 1822 Nostrand Realty, LLC established as a matter of law that laches barred the plaintiffs' claims to set aside the allegedly forged deed or impose a constructive trust.
2. Whether the appeal from the order denying the plaintiffs' CPLR 5519(c) motion for a stay remained justiciable after the stay was granted.

Disposition

reversed