Libasci v. Singares

I respectfully dissent. At the outset, it must be noted that defendant Ariadne Singares (hereinafter defendant) failed to object or to seek relief for more than a year following receipt of the subject contract from plaintiff. When this action was commenced, defendant did not assert a defense of fraud or unconscionability. Thereafter, in the affidavits submitted upon this appeal, defendant did not claim that there was any failure of consideration, other than plaintiffs failure to execute and return the power of attorney, a separate document left wholly unmentioned and unaddressed within the…