Legal Opinion
Cashel v. Cashel
New York Court of Appeals
Decided August 31, 2010PublishedCited by 4 opinions
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division, insofar as appealed from, should be reversed, with costs, and the motion by defendants Fremont Investment & Loan and Mortgage Electronic Registration Systems, Inc. for summary judgment dismissing the first cause of action against them denied.
Issues of fact exist with respect to whether plaintiff Thomas E Cashel possessed the requisite “knowledge of material facts” concerning the allegedly binding deed (Matter of New York State Med. Transporters Assn. v Perales, 77 NY2d 126, 131 [1990]). Although plaintiff admitted to…
2Cases cited1 opinion
- New York State Medical Transporters Ass'n v. PeralesNew York Court of Appeals · 1990
3Cited by4 opinions
- Cashel v. CashelAppellate Division of the Supreme Court of the State of New York · 2012
- Adirondack Bank v. Midstate Foam & Equip., Inc.Appellate Division of the Supreme Court of the State of New York · 2018
- Atlantic Specialty Ins. Co. v. Landmark Unlimited, Inc.Appellate Division of the Supreme Court of the State of New York · 2025
- Farro v. SchochetAppellate Division of the Supreme Court of the State of New York · 2021