Legal Opinion
Rosenzweig v. Givens
New York Court of Appeals
Decided September 17, 2009PublishedCited by 5 opinions
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be affirmed, with costs, and the certified question answered in the affirmative.
In connection with the mortgage foreclosure action, defendant has alleged sufficient facts to warrant denial of plaintiffs prediscovery motion for summary judgment, having asserted that plaintiff, an attorney who was then her paramour, secured the mortgage through fraud and overreaching and by exploiting a fiduciary relationship with her (see generally Matter of Greiff, 92 NY2d 341, 345 [1998]). She contends that, under the guise of buying…
2Cases cited3 opinions
- In Re the Estate of GreiffNew York Court of Appeals · 1998
- Blossom v. . BarrettNew York Court of Appeals · 1868
- Tuck v. TuckNew York Court of Appeals · 1964
3Cited by5 opinions
- Pippis v. PippisAppellate Division of the Supreme Court of the State of New York · 2010
- 75 St. Servicing LLC v. CLST Enters. LLCAppellate Division of the Supreme Court of the State of New York · 2023
- 75 St. Servicing LLC v. CLST Enters. LLCAppellate Division of the Supreme Court of the State of New York · 2023
- Plotch v. 375 Riverside Drive Owners, Inc.Appellate Division of the Supreme Court of the State of New York · 2012
- Sher v. RBC Capital Markets, LLCDistrict Court, D. Maryland · 2015