Gruberg v. McCarthy

Appeal from a judgment of the Supreme Court (Fromer, J.H.O.), entered August 30, 2000 in Ulster County, upon a dismissal of the complaint at the close of proof.

On two occasions in October 1985, plaintiff made loans to Robert Sanzi in the amounts of $25,000 and $30,000. After an erratic payment history, Sanzi stopped making payments by 1991. On June 23, 1991, plaintiff met with defendant, Sanzi’s wife as of 1987, to discuss Sanzi’s default. At the conclusion of their meeting, defendant signed a handwritten document, drafted by plaintiff, which read, in part, as follows: “I, Ann Ma*916rie Sanzi,…