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Vitale v. Pinto

118 A.D. 774 (1986)

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Vitale v. Pinto

New York Supreme Court, Appellate Division
118 A.D. 774 (1986)

RW

Facts

Barbara Vitale (plaintiff) openly occupied property owned by Salvatore Pinto (defendant), pursuant to an unrecorded multiyear lease-purchase option. While the lease was still in effect, Pinto mortgaged the property to Lloyd Capital Corporation (Lloyd) (defendant). Lloyd knew the property was owner-occupied but accepted Pinto’s assurances that the tenancy was month-to-month and therefore terminable. Vitale sued Pinto for specific performance of the purchase option and conveyance of the property free of all encumbrances. Vitale also sued Lloyd to void the mortgage. The trial-level New York Supreme Court granted summary judgment for Vitale. Claiming to be a bona fide purchaser of its mortgage interest, Lloyd appealed to the trial court’s appellate division.

Rule of Law

Issue

Holding and Reasoning (Per curiam)

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