Green Point Savings Bank v. Dan's Supreme Supermarket, Inc.

Appellate Division of the Supreme Court of New York

Green Point Savings Bank v. Dan's Supreme Supermarket, Inc.

199 A.D.2d 304, 606 N.Y.S.2d 1006, 1993 N.Y. App. Div. LEXIS 11830

Appellate Division of the Supreme Court of the State of New York·Decided December 13, 1993·Published·Cited by 2 cases

Opinion

In an action, inter alia, to reform a deed, the plaintiff Green Point Savings Bank appeals from stated portions of an order of the [305] Supreme Court, Suffolk County (Doyle, J.), entered July 19, 1991 which, inter alia, granted the motion of the defendant Lawyers Title Insurance Company for summary judgment dismissing the complaint insofar as it is asserted against it.

Ordered that the order is affirmed insofar as appealed from, with costs.

Although the trial court properly dismissed the complaint against the defendant Lawyers Title Insurance Corporation for failure to state a cause of action, we further note that the causes of action against the Lawyers Title Insurance Corporation, which are based on negligence, fraud, and mistake, were in any event barred by the applicable Statutes of Limitations (see, CPLR 213 [6], [8]; 214 [6]; see also, Matter of Allen [First Wallstreet Settlement Corp.], 130 AD2d 824; Nichols v Regent Props., 49 AD2d 847; Metcalf v Metcalf, 196 Misc 842, affd 276 App Div 1068; cf., Northerly Corp. v Hermett Realty Corp., 15 AD2d 888; Hart v Blabey, 287 NY 257). Bracken, J. P., Sullivan, Lawrence and Joy, JJ., concur.

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In an action, inter alia, to reform a deed, the plaintiff Green Point Savings Bank appeals from stated portions of an order of the [305] Supreme Court, Suffolk County (Doyle, J.), entered July 19, 1991 which, inter alia, granted the motion of the defendant Lawyers Title Insurance Company for summary judgment dismissing the complaint insofar as it is asserted against it.

Ordered that the order is affirmed insofar as appealed from, with costs.

Although the trial court properly dismissed the complaint against the defendant Lawyers Title Insurance Corporation for failure to state a cause of action, we further note that the causes of action against the Lawyers Title Insurance Corporation, which are based on negligence, fraud, and mistake, were in any event barred by the applicable Statutes of Limitations (see, CPLR 213 [6], [8]; 214 [6]; see also, Matter of Allen [First Wallstreet Settlement Corp.], 130 AD2d 824; Nichols v Regent Props., 49 AD2d 847; Metcalf v Metcalf, 196 Misc 842, affd 276 App Div 1068; cf., Northerly Corp. v Hermett Realty Corp., 15 AD2d 888; Hart v Blabey, 287 NY 257). Bracken, J. P., Sullivan, Lawrence and Joy, JJ., concur.

Green Point Savings Bank v. Dan's Supreme Supermarket, Inc., 199 A.D.2d 304, 606 N.Y.S.2d 1006, 1993 N.Y. App. Div. LEXIS 11830 (N.Y. Ct. App. 1993).

Pincite

199 A.D.2d 304 (Green Point Savings Bank v. Dan's Supreme Supermarket, Inc.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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