Legal Opinion

DeThomasis v. Viviano

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

Decided March 9, 2017PublishedCited by 4 opinions

1Opinion of the CourtDevine, J.

Appeal from that part of an amended order of the Supreme Court (Zwack, J.), entered December 28, 2015 in Albany County, which partially denied plaintiffs’ motion to dismiss defendant’s affirmative defenses.

Defendant was in a relationship with plaintiffs’ mother and, in 2005, the two purchased real property in the City of Albany as joint tenants with right of survivorship. The couple intended to build their residence on the property and, later that year, defendant purportedly agreed to “pay in equal shares to [plaintiffs] an amount equal to all funds contributed by” their mother toward the…

2Cases cited16 opinions

  1. New York University v. Continental InsuranceNew York Court of Appeals · 1995
  2. Meltzer v. KoenigsbergNew York Court of Appeals · 1951
  3. Bank of America, N.A. v. 414 Midland Avenue Associates, LLCAppellate Division of the Supreme Court of the State of New York · 2010
  4. Van Wert v. RandallAppellate Division of the Supreme Court of the State of New York · 2012
  5. Klein v. Jamor Purveyors, Inc.Appellate Division of the Supreme Court of the State of New York · 1985

11 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Wright v. State of N.Y.Appellate Division of the Supreme Court of the State of New York · 2021
  2. Umoh v. Doolity-MillsAppellate Division of the Supreme Court of the State of New York · 2023
  3. Deerin v. Ocean Rich Foods, LLCAppellate Division of the Supreme Court of the State of New York · 2018
  4. Matter of FalckAppellate Division of the Supreme Court of the State of New York · 2024

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