AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Judges

BEVERLY TUMA, Appellant, v. GEORGE W. GALGANO, JR., Respondent.

Ordered that the order and judgment is affirmed, with costs.

The plaintiff commenced this action, inter alia, to rescind a deed to certain real property, which deed she had signed and given to the defendant, George Galgano, Jr. After a nonjury trial, the trial court found that the plaintiff did not place any conditions on the delivery of the deed ( see Sofsky v. Rosenberg, 76 NY2d 927; Hoffman v. Hoffman, 6 App Div 84) or execute the deed as a result of duress ( see Gubitz v. Security Mut. Life Ins. Co. of N.Y., 262 AD2d 451; Matter of Garvin, 210 AD2d 332) and determined, among other things, that the defendant was entitled to judgment dismissing the complaint. Since this determination was based on a fair interpretation of the evidence, the complaint was properly dismissed ( see Martinez v. Dushko, 7 AD3d 584; Kremer v. 4-65 48th Ave., 2 AD3d 689).

The plaintiff's remaining contention is unpreserved for appellate review, and in any event, without merit.

Use AI to get other relevant cases.

Comments

TUMA v. GALGANO
(Oct 4, 2004)