Legal Opinion

Marrazzo v. Piccolo

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

Decided July 9, 1990PublishedCited by 8 opinions

1Opinion of the Court

In an action, inter alia, to declare a deed to certain real property to be a mortgage, the defendant appeals from a judgment of the Supreme Court, Westchester County (Palella, J.), entered March 27, 1989, which dismissed that portion of her counterclaim which was based upon a promissory note for the principal sum of $150,000.

Ordered that the judgment is affirmed, with costs.

The defendant’s counterclaim is based upon two promissory notes in the amounts of $150,000 and $20,000, respectively. The defendant has failed to produce both original notes although the plaintiff concedes that the…

2Cases cited3 opinions

  1. Felt v. OlsonNew York Court of Appeals · 1980
  2. Kraft v. SommerAppellate Division of the Supreme Court of the State of New York · 1976
  3. Marrazzo v. PicoloAppellate Division of the Supreme Court of the State of New York · 1987

3Cited by8 opinions

  1. Brown Bark II, L.P. v. Weiss & Mahoney, Inc.Appellate Division of the Supreme Court of the State of New York · 2011
  2. Ventricelli v. DeGennaroAppellate Division of the Supreme Court of the State of New York · 1995
  3. Genger v. SharonDistrict Court, S.D. New York · 2012
  4. U.S. Bank N.A. v. CopeAppellate Division of the Supreme Court of the State of New York · 2019
  5. Bank of N.Y. Mellon v. HardtAppellate Division of the Supreme Court of the State of New York · 2019

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