Kuni Chen v. Daly

Appellate Division of the Supreme Court of New York

Kuni Chen v. Daly

2017 NY Slip Op 3896, 150 A.D.3d 506, 52 N.Y.S.3d 222

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMay 16, 2017

Docket4016 157055/15

StatusPublished

This text of 2017 NY Slip Op 3896 (Kuni Chen v. Daly) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Kuni Chen v. Daly, 2017 NY Slip Op 3896, 150 A.D.3d 506, 52 N.Y.S.3d 222 (N.Y. Ct. App. 2017).

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Opinion

Order, Supreme Court, New York County (Cynthia S. Kern, J.), entered on or about January 19, 2016, which granted defendants’ motion to dismiss the complaint and denied plaintiff’s cross motion for partial summary judgment, unanimously affirmed, without costs.

We affirm the dismissal of the complaint, albeit on different grounds than the motion court cited. Plaintiff failed to allege that defendants’ purportedly negligent and fraudulent real estate appraisal, used for the purposes of settling a divorce action, caused him to overpay to buy out his property (see e.g. Laub v Faessel, 297 AD2d 28, 30-31 [1st Dept 2002]).

Despite his objections to the appraisal, plaintiff utilized it in acceding to the appraisal’s valuation in a stipulation to settle the divorce action.

Concur—Sweeny, J.P., Renwick, Andrias, Feinman and Gesmer, JJ.

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Order, Supreme Court, New York County (Cynthia S. Kern, J.), entered on or about January 19, 2016, which granted defendants’ motion to dismiss the complaint and denied plaintiff’s cross motion for partial summary judgment, unanimously affirmed, without costs.

We affirm the dismissal of the complaint, albeit on different grounds than the motion court cited. Plaintiff failed to allege that defendants’ purportedly negligent and fraudulent real estate appraisal, used for the purposes of settling a divorce action, caused him to overpay to buy out his property (see e.g. Laub v Faessel, 297 AD2d 28, 30-31 [1st Dept 2002]).

Despite his objections to the appraisal, plaintiff utilized it in acceding to the appraisal’s valuation in a stipulation to settle the divorce action.

Concur—Sweeny, J.P., Renwick, Andrias, Feinman and Gesmer, JJ.

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Bluebook (online)

2017 NY Slip Op 3896, 150 A.D.3d 506, 52 N.Y.S.3d 222, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kuni-chen-v-daly-nyappdiv-2017.

Opinion

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