Legal Opinion

Rutkowski v. First Horizon Home Loans

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

Decided May 15, 2014Published

1Opinion of the Court

Lahtinen, J.E

Appeal from an order of the Supreme Court (Meddaugh, J.), entered June 5, 2013 in Sullivan County, which granted defendant’s motion to dismiss the amended complaint.

Flaintiffs received a $500,000 loan from defendant that was to be secured by a mortgage on their real property located at 143 Winston Drive in the Village of Monticello, Sullivan County. The property description for the mortgage mistakenly also included plaintiffs’ adjoining property at 147 Winston Drive, and such error was not discovered until plaintiffs were negotiating to sell 147 Winston Drive for $650,000 in late…

2Cases cited7 opinions

Clark-Fitzpatrick, Inc. v. Long Island Rail RoadNew York Court of Appeals · 1987
Partners v. Superior Well Services, Inc.New York Court of Appeals · 2012
Greenberg, Trager & Herbst, LLP v. HSBC Bank USANew York Court of Appeals · 2011
Abacus Federal Savings Bank v. ADT Security Services, Inc.New York Court of Appeals · 2012
Dobroshi v. Bank of AmericaAppellate Division of the Supreme Court of the State of New York · 2009

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