Mosca v. Gattuso

Appellate Division of the Supreme Court of New York

Mosca v. Gattuso

262 A.D.2d 618, 691 N.Y.S.2d 356, 1999 N.Y. App. Div. LEXIS 7620

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

DecidedJune 28, 1999

StatusPublished

This text of 262 A.D.2d 618 (Mosca v. Gattuso) 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

Mosca v. Gattuso, 262 A.D.2d 618, 691 N.Y.S.2d 356, 1999 N.Y. App. Div. LEXIS 7620 (N.Y. Ct. App. 1999).

Pincite

Opinion

—In an action, inter alia, to recover damages for fraud and for an accounting, the plaintiff appeals from an order of the Surrogate’s Court, Rockland County (Weiner, S.), dated June 23, 1998, which granted the defendants’ motion for summary judgment dismissing the complaint.

Ordered that the order is reversed, on the law, with costs payable by the estate, and the motion is denied.

The affidavit sworn to on May 27,1998, by the plaintiff raised a triable issue of fact (see, CPLR 3212 [b]) as to whether she was fraudulently induced into executing the release and rider thereto and thus as to whether they may be set aside based on fraud (see, Mangini v McClurg, 24 NY2d 556, 563).

We further find that the complaint pleaded a cause of action to recover damages for fraud with sufficient specificity (see, CPLR 3016 [b]). S. Miller, J. P., Sullivan, Friedmann, Luciano and Feuerstein, JJ., concur.

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—In an action, inter alia, to recover damages for fraud and for an accounting, the plaintiff appeals from an order of the Surrogate’s Court, Rockland County (Weiner, S.), dated June 23, 1998, which granted the defendants’ motion for summary judgment dismissing the complaint.

Ordered that the order is reversed, on the law, with costs payable by the estate, and the motion is denied.

The affidavit sworn to on May 27,1998, by the plaintiff raised a triable issue of fact (see, CPLR 3212 [b]) as to whether she was fraudulently induced into executing the release and rider thereto and thus as to whether they may be set aside based on fraud (see, Mangini v McClurg, 24 NY2d 556, 563).

We further find that the complaint pleaded a cause of action to recover damages for fraud with sufficient specificity (see, CPLR 3016 [b]). S. Miller, J. P., Sullivan, Friedmann, Luciano and Feuerstein, JJ., concur.

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Bluebook (online)

262 A.D.2d 618, 691 N.Y.S.2d 356, 1999 N.Y. App. Div. LEXIS 7620, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mosca-v-gattuso-nyappdiv-1999.

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