Legal Opinion

Independence Leasing Corp. v. Aquino

Buffalo City Court

Decided August 14, 1984PublishedCited by 1 opinion

1Opinion of the Court

OPINION OF THE COURT

Timothy J. Drury, J.

The court has in a prior decision dismissed the plaintiff’s cause of action based on negligence as barred by the Statute of Limitations but has allowed the plaintiff to proceed on its cause of action for misconduct on a notary’s common-law duty embodied in section 135 of the Executive Law (111 Misc 2d 1039).

I agree with the logic of the plaintiff’s position. It is that if the defendant Aquino signed the lease agreement at issue, he is liable to the plaintiff. If he didn’t, then the defendant notary, Kremblas, and his employer, "the Bank of New York, are…

2Cases cited5 opinions

  1. Central Trust Co. v. GoldmanAppellate Division of the Supreme Court of the State of New York · 1979
  2. Miss Susan, Inc. v. Enterprise & Century Undergarment Co.Appellate Division of the Supreme Court of the State of New York · 1946
  3. Miss Susan, Inc. v. Enterprise & Century Undergarment Co.New York Court of Appeals · 1947
  4. Seligson v. Chase Manhattan BankAppellate Division of the Supreme Court of the State of New York · 1975
  5. Independence Leasing Corp. v. AquinoBuffalo City Court · 1981

3Cited by1 opinion

  1. Independence Leasing Corp. v. Aquino, New York County Courts1986

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