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Decided on March 31, 2010
Supreme Court, Nassau County

17528/04
Susan B. Lyons, Esq. Attorney for Plaintiff 758 Foxhurst Road Baldwin, NY 11510 Rosicki, Rosicki & Associates, PC Attorneys for Defendant Deutche Bank National Trust Company as Trustee 51 East Bethpage Road
Plainview, NY 11803
Decia J. Weaver, Esq.
Attorney for Defendants Evelyn Ellison and Moses Crawford
44 Court Street, Suite 311
Brooklyn, NY 11201
Ute W. Lally, J.
Upon the foregoing, it is ordered that this motion by defendant intervenor Deutsche Bank National Trust Company as Trustee, for an order pursuant to CPLR 3212 granting summary judgment dismissing plaintiff's complaint and cancelling plaintiff's Notice of Pendency, or "at a minimum" dismissing the causes of action in plaintiff's complaint seeking to affect title to the subject premises, and vacating and cancelling of record plaintiff's notice of pendency, is granted in the alternative and the causes of action which seek to affect title to premises located at 54 Leonard Street, Freeport, New York 11520 described in a Deed recorded in the Nassau County Clerk's office in Book 11584 of Deeds at page 859, more particularly described as Section 55, Block 370, Lots 214-215, are dismissed, and plaintiff's Notice of Pendency dated December 20, 2004 is vacated and [*2]cancelled of record.
Plaintiff Shawn Phillips-Thomas brought this action seeking damages and a return of title to premises located at 54 Leonard Street, Freeport New York. Phillips-Thomas alleges that after her father died she could not pay the mortgage because she had just had a baby and was not working. Her husband was changing jobs. She alleges that defendants Moses Crawford and Evelyn Ellison offered to help her avoid foreclosure but
instead defrauded her of title to the premises located at 54 Leonard Street, Freeport, New York.
Plaintiff, by affidavit dated December 6, 2004, avers that Ellison and Crawford operated a business known as Foreclosure Options, and that Crawford offered her a plan to place Ellison together with plaintiff on plaintiff's deed and in exchange Ellison would borrow funds and satisfy plaintiff's mortgage obligation thus avoiding a foreclosure. Plaintiff asserts that at the closing on January 22, 2003 she was told and believed that she was signing an application for a new mortgage with Ellison, when in actuality she signed a deed transferring the premises to Ellison for a purchase price of $257,000.
In October of 2004 Ellison transferred the premises to John Gajraj for a purchase price of $335,000. Gajraj financed the purchase with a loan and mortgage from New Century Mortgage in the amount of $301,500, and defaulted in payment in February of 2005. In April of 2005 New Century assigned the mortgage to the intervenor Deutsche Bank National Trust Company. Deutsche Bank commenced a foreclosure proceeding against Gajraj in June of 2005, and took title to the premises at the sale in foreclosure.
Prior to Century's assignment to Deutsche Bank, plaintiff commenced this action by filing a complaint dated December 6, 2004. A Notice of Pendency bears a date stamp of the Nassau County Clerk for February 15, 2005. Thus, when New Century financed the Gajraj purchase it was not on record notice of any dispute affecting title and appears to be an "incumbrancer for a valuable consideration" (Real Property Law

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