Legal Opinion

Savran v. Chi Jung Chiang

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

Decided December 5, 1996Published

1Opinion of the Court

—Order, Supreme Court, New York County (Joan Lobis, J.), entered June 21, 1995, which granted plaintiffs’ motion for summary judgment in this action to foreclose a mortgage, unanimously affirmed, without costs.

We agree with the IAS Court that defendants cannot attack an agreement that they adhered to and derived benefits from without objection for four years after learning of the alleged fraud (Jaywyn Video Prods. v Servicing All Media, 179 AD2d 397, 398). We would add that defendants’ claim they were defrauded into buying a residential building that they believed to be commercial would in…

2Cases cited3 opinions

  1. Danann Realty Corp. v. HarrisNew York Court of Appeals · 1959
  2. Jaywyn Video Productions, Ltd. v. Servicing All Media, Inc.Appellate Division of the Supreme Court of the State of New York · 1992
  3. Higgins Bros. Realty Corp. v. Ortho-Medical Products, Inc.Appellate Division of the Supreme Court of the State of New York · 1994

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