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Real Property Law
Forgery Claim Not Barred By Statute of Limitations, Laches, or Equitable Estoppel
Simmon v. Bell, 2023 WL6452060, AppDiv, Second Dept. (memorandum opinion)
In an action to quiet title, transferees under an allegedly forged 1998 deed appealed from Supreme Court's denial of their motion to dismiss the complaint as time-barred. The Appellate Division affirmed, holding that forgery claims are never time-barred and that the claim was not barred by laches or equitable estoppel.
Rogers acquired title to the disputed property in 1987. Rogers allegedly executed a deed to transferees in 1998. That deed bears a notary's stamp and was recorded. In 2007, sold the property and took possession of the proceeds. In 2008, Rogers apparently brought an action in Civil Court seeking to quiet title, but Civil Court did not have jurisdiction over the action. Years later, the executor brought this action seeking to quiet title and to recover the proceeds of the 2007 sale. Supreme Court denied transferees' motion to dismiss.
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