TUMA v. GALGANO

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.