Seagirt Realty Corp. v. Chazanof
New York Court of Appeals
13 N.Y.2d 282, 196 N.E.2d 254, 246 N.Y.S.2d 613 (1963)
- Written by Alex Ruskell, JD
Facts
In 1934, Jacob Landau conveyed property to his son without consideration for the sole purpose of concealing it from creditors. Landau’s son agreed to hold it for his father’s benefit, and in 1945, Landau filed a bankruptcy petition in which he swore he did not own the property. In 1950, Landau asked his son to convey the property to Jack Chazanof (defendant), Landau’s son-in-law. At the same time, Chazanof conveyed the property to Seagirt Realty Corp. (plaintiff). The deed was not recorded and was lost. Seagirt sued Chazanof for a decree compelling execution of a new deed. The New York Supreme Court ruled in Seagirt’s favor, but the New York Appellate Division reversed. The appellate division dismissed the case based on the unclean-hands doctrine. Seagirt appealed to the New York Court of Appeals.
Rule of Law
Issue
Holding and Reasoning (Burke, J.)
Dissent (Scileppi, J.)
Dissent (Desmond, C.J.)
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