Scaturro v. Sutera
Appellate Division of the Supreme Court of the State of New York
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.…
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