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 held that a claim to set aside a forged deed and the resulting mortgage is not subject to CPLR 213(8)'s statute of limitations because a forged deed is void ab initio, and therefore reversed the Appellate Division's dismissal of the claim against Bank of America. Chief Judge Lippman dissented, arguing the claim is time‑barred under the six‑year fraud limitations period.