Quiet title action by alleged grantor of forged deed recorded more than ten years prior to the commencement date. Motion to dismiss based on expiration of ten year statute of limitations denied. Forged deed was void and did not transfer fee interest. Actual owner presumed in possession of the premises and therefore the statute of limitations to commence quiet title never began to run.

Corporate dissolution proceeding to rescind minority shareholder’s transfer of corporation’s principal asset consisting of real property as an unauthorized and for damages for fraud. Grantee asserted cross-claims against prior managing agent of the premises for indemnification of the purchase price and damages in the event the conveyance is rescinded. Motion to dismiss cross-claims for indemnification denied. Indemnification requires an independent duty to indemnitee. On a motion to dismiss it cannot be stated as a matter of law managing agent of the premises owed no duty to the contract vendee.

Mortgagor’s guardian sought to consolidate the guardianship proceeding with mortgagee’s action to foreclose the mortgage and the guardian’s quiet title action to vacate the deed based on fraud and undue influence. The Appellate Division reversed the lower court’s order consolidating the three actions before the surrogates court. The mortgagor was declared incompetent after he granted the mortgage, after the foreclosure was commenced, and after he commeneced the quiet title. The foreclosure and quiet title actions therefore had no common questions of law and fact with the guardianship proceeding.