Legal Opinion

Scaturro v. Sutera

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

Decided December 24, 2008PublishedCited by 4 opinions

1Opinion of the CourtRose, J.

Plaintiff and defendant Julianna R. Sutera (hereinafter defendant) are sisters who received a parcel of real property from their mother as tenants in common. After defendant refused plaintiffs proposal that they sell the property outside the family, plaintiff agreed to sell her share of the property to defendant for one half of its assessed value. After conveying her interest, however, plaintiff commenced this action asserting claims of fraud, undue influence and breach of fiduciary duty based upon her allegation that defendant had misrepresented the market value of the subject property.…

2Cases cited5 opinions

  1. Ross v. Louise Wise Services, Inc.New York Court of Appeals · 2007
  2. Birnbaum v. BirnbaumNew York Court of Appeals · 1989
  3. Zanett Lombardier, Ltd. v. MaslowAppellate Division of the Supreme Court of the State of New York · 2006
  4. In re the Estate of ChiurazziAppellate Division of the Supreme Court of the State of New York · 2002
  5. Goldberg v. MoskowitzAppellate Division of the Supreme Court of the State of New York · 1999

3Cited by4 opinions

  1. Roche v. Claverack Cooperative InsuranceAppellate Division of the Supreme Court of the State of New York · 2009
  2. McColgan v. BrewerAppellate Division of the Supreme Court of the State of New York · 2013
  3. Constantine v. LutzAppellate Division of the Supreme Court of the State of New York · 2022
  4. McColgan v. BrewerAppellate Division of the Supreme Court of the State of New York · 2013

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