Thompson v. Coley

Appellate Division of the Supreme Court of New York

Thompson v. Coley

228 A.D.2d 305, 644 N.Y.2d 219, 644 N.Y.S.2d 219, 1996 N.Y. App. Div. LEXIS 7063

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

DecidedJune 18, 1996

StatusPublished

This text of 228 A.D.2d 305 (Thompson v. Coley) 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

Thompson v. Coley, 228 A.D.2d 305, 644 N.Y.2d 219, 644 N.Y.S.2d 219, 1996 N.Y. App. Div. LEXIS 7063 (N.Y. Ct. App. 1996).

Pincite

Opinion

In this action for rescission of a deed, partition and imposition of a constructive trust, the motion court properly determined that material issues of fact were raised by plaintiff’s assertions that he was illiterate, that defendant, his then fiancée, tricked him into signing the deed transferring his interest in the property to her and that he contributed funds toward the down payment, purchase and post-closing capital improvements to the property. Accordingly, summary judgment was properly denied (see, National Bank v Chu, 47 NY2d 946, revg on dissenting opn of Sandler, J., 64 AD2d 573, [306]*306575-577). Concur—Sullivan, J. P., Milonas, Ross, Tom and Mazzarelli, JJ.

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In this action for rescission of a deed, partition and imposition of a constructive trust, the motion court properly determined that material issues of fact were raised by plaintiff’s assertions that he was illiterate, that defendant, his then fiancée, tricked him into signing the deed transferring his interest in the property to her and that he contributed funds toward the down payment, purchase and post-closing capital improvements to the property. Accordingly, summary judgment was properly denied (see, National Bank v Chu, 47 NY2d 946, revg on dissenting opn of Sandler, J., 64 AD2d 573, [306]*306575-577). Concur—Sullivan, J. P., Milonas, Ross, Tom and Mazzarelli, JJ.

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Bluebook (online)

228 A.D.2d 305, 644 N.Y.2d 219, 644 N.Y.S.2d 219, 1996 N.Y. App. Div. LEXIS 7063, Counsel Stack Legal Research, https://law.counselstack.com/opinion/thompson-v-coley-nyappdiv-1996.

Opinion

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