226-08 141st Avenue. Image credit: Google Maps.
Owner’s house was fraudulently listed on the City register by a stranger who broke into the house and took possession. Jennifer Merin was left a house by a testamentary gift. The house is located at 226-08 141st Avenue in Queens County. In March of 2014, Darrell Beatty, without Merin’s knowledge, filed a fraudulent real property transfer report and a fraudulent deed with the City register that gave the property to himself. Beatty then broke into the house, changed the locks and took up residency. Upon going to the house, Merin discovered that Beatty had illegally taken possession. Merin called the police. When the police arrived, Beatty presented the fraudulent deed to officers. The officers refused to arrest Beatty for burglary and left.
Merin brought a successful action to cancel and declare Beatty’s fraudulent deed null and void. Merin also commenced a squatter holdover proceeding, which resulted in a judgment of possession, a warrant of eviction and the removal of Beatty from the house. The City Marshall took back possession of the premises on behalf of Merin.
Merin then sued the City alleging that the City was negligent when it allowed Beatty to register the fraudulent deed and in failing to ensure the authenticity of registered deeds and the protection of property rights. Merin also claimed that the City violated her constitutional right not to be deprived of property without due process when it allowed Beatty to register the fraudulent deed without any investigation or inquiry as to its authenticity and without notification to her.
The lower court dismissed the action. The Appellate Division, Second Department affirmed. The Court ruled the City did not owe a duty to Merin. Recording a deed is a ministerial, public duty. As such, Merin must first establish that a special relationship existed between herself and the City. Merin failed to show that the City acted in any particular way towards her or that, the City or its employees made promises to her. Merin also failed to show that there was direct contact between herself and a City agent, or that she relied on a specific act or promise by the City. The Court further dismissed Merin’s constitutional claim because the City’s action was not based an official policy or custom.
Update: Merin has filed a Notice of Motion with Leave to Appeal to the NY Court of Appeals.
Merin v. NYC, 63 N.Y.S.3d 84 (2d Dep’t 2017) (Attorneys: Elizabeth J. Lee, Mark Silverman, for Merin; Zachary W. Carter, Scott Shorr, Melanie T. West, for City).
By: Malik Callender (Malik is a New York Law School Student, Class of 2018.)