New York Court of Appeals

Dorothy M. Faison, as Administratrix of the Estate of Percy Lee Gogins, Jr., Deceased, Appellant v. Tonya Lewis…

May 12, 201525 N.Y.3d 220

Summary

The New York Court of Appeals reversed the Appellate Division and held that a claim to set aside a forged deed and the resulting mortgage is not subject to the six‑year statute of limitations in CPLR 213(8). The court relied on the longstanding rule that a forged deed is void ab initio and therefore a void document cannot be barred by a limitations period. Chief Judge Lippman dissented, arguing the claim is time‑barred.