Legal Opinion

Diecidue v. Russo

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

Decided August 31, 2016No. 2014-03450PublishedCited by 1 opinion

1Opinion of the Court

In an action for reformation of a note and mortgage, the plaintiffs appeal from an order of the Supreme Court, Dutchess County (Brands, J.), dated February 11, 2014, which granted the defendant’s motion pursuant to CPLR 3211 (a) to dismiss the complaint.

Ordered that the order is affirmed, with costs.

In August 2007, the defendant’s husband entered into a contract with the plaintiff Dominick Diecidue to sell to Dominick and his wife, the plaintiff Maria Diecidue, a parcel of real property in Poughkeepsie for $300,000. The contract of sale provided that the purchase was to be financed, after the…

2Cases cited15 opinions

  1. Guggenheimer v. GinzburgNew York Court of Appeals · 1977
  2. Chimart Associates v. PaulNew York Court of Appeals · 1986
  3. IDT Corp. v. Morgan Stanley Dean Witter & Co.New York Court of Appeals · 2009
  4. Simkin v. BlankNew York Court of Appeals · 2012
  5. Arnav Industries, Inc. Retirement Trust v. BrownNew York Court of Appeals · 2001

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3Cited by1 opinion

  1. Mundel v. HarrisAppellate Division of the Supreme Court of the State of New York · 2021

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