Diallo v Grand Bay Assoc. Enters., Inc.
2011 NY Slip Op 05414 [85 AD3d 628]
June 23, 2011
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, August 10, 2011


Ibrahim Diallo, Appellant,
v
Grand Bay Associates Enterprises, Inc., et al., Respondents.

[*1] Calman Greenberg, Bronx, for appellant.

Order, Supreme Court, Bronx County (Kenneth L. Thompson, J.), entered February 18, 2010, which, to the extent appealed from as limited by the briefs, denied plaintiff's motion for summary judgment on his claim for declaratory relief, unanimously reversed, on the law, with costs, and the motion granted to the extent of declaring that the deed, dated June 28, 2001, purportedly conveying the subject premises from plaintiff to defendant Grand Bay Associates Enterprises, Inc. is null and void.

It is undisputed that Grand Bay, which did not oppose plaintiff's motion, is a nonexistent entity, having never attained corporate status. An entity that has neither de facto nor de jure status cannot take title to real property, notwithstanding that the instrument purports to convey the real property to it (see Matter of Hausman, 13 NY3d 408, 413 [2009]). Accordingly, the purported conveyance is void (id.). Concur—Tom, J.P., Friedman, Acosta, Renwick and DeGrasse, JJ. [Prior Case History: 26 Misc 3d 1222(A), 2010 NY Slip Op 50214(U).]