From Casetext: Smarter Legal Research

Latopolski v. Rudge

Appellate Division of the Supreme Court of New York, Second Department
Dec 5, 2006
35 A.D.3d 390 (N.Y. App. Div. 2006)

Opinion

No. 2005-04007.

December 5, 2006.

In an action, inter alia, to set aside a deed on the grounds of forgery and undue influence, the plaintiff appeals, as limited by her brief, from so much of an order of the Supreme Court, Suffolk County (Werner, J.), dated January 6, 2005, as granted that branch of the defendants' motion which was for summary judgment dismissing the cause of action alleging forgery and denied her cross motion for summary judgment.

Greshin, Ziegler Amicizia, LLP, Smithtown, N.Y. (Vincent M. Amicizia of counsel), for appellant.

Brody, O'Connor, O'Connor Greenfield, Northport, N.Y. (Scott A. Brody of counsel), for respondents.

Before: Adams, J.P., Ritter, Fisher and Covello, JJ., concur.


Ordered that the order is affirmed insofar as appealed from, with costs.

The plaintiff seeks, inter alia, to set aside a deed transferring title to certain parcels of real property from her mother to her brother, both now deceased. The Supreme Court correctly denied the plaintiff's motion for summary judgment on her cause of action alleging undue influence as issues of fact exist as to whether undue influence was exerted to procure the transfer ( see Casucci v Casucci, 8 AD3d 523).

The Supreme Court properly granted that branch of the defendants' motion which was for summary judgment dismissing the cause of action alleging forgery. The defendants established their prima facie entitlement to judgment as a matter of law dismissing that cause of action, and the plaintiff failed to raise a triable issue of fact in opposition thereto ( cf. Koran v Hoskins, 22 AD3d 638, 639).


Summaries of

Latopolski v. Rudge

Appellate Division of the Supreme Court of New York, Second Department
Dec 5, 2006
35 A.D.3d 390 (N.Y. App. Div. 2006)
Case details for

Latopolski v. Rudge

Case Details

Full title:ADELINE LATOPOLSKI, Appellant, v. WILLIAM JOHN RUDGE IV et al., Respondents

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Dec 5, 2006

Citations

35 A.D.3d 390 (N.Y. App. Div. 2006)
35 A.D.3d 390
2006 N.Y. Slip Op. 9183
824 N.Y.S.2d 731

Citing Cases

Lamacchia v. Schwartz

(2) by deleting the provision thereof granting that branch of the cross motion of the defendant Good…

Favaloro v. Donahue (In re Favaloro)

y judgment, Favaloro established her prima facie entitlement to judgment as a matter of law based upon, inter…