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Briganti v. Saraceno

Appellate Division of the Supreme Court of New York, Second Department
Dec 20, 1982
91 A.D.2d 648 (N.Y. App. Div. 1982)

Summary

In Briganti v. Saraceno, 91 A.D.2d 648, 457 N.Y.S.2d 90 (2d Dept. 1982), for example, the court decided that defendant had raised an issue of fraud sufficient to avoid specific performance by alleging that he was an 87-year old illiterate who was misled into signing a document which he did not know was a contract of sale for his home.

Summary of this case from Federal Deposit Ins. v. Kuang Hsung Chuang

Opinion

December 20, 1982


In an action to compel specific performance of a contract for the purchase and sale of real property, defendant appeals from an order of the Supreme Court, Kings County (Jordan, J.), dated March 18, 1982, which, inter alia, granted the plaintiffs' cross motion for summary judgment and directed the defendant to specifically perform the terms of the contract. Order reversed, with $50 costs and disbursements, and cross motion denied. In our view, the 87-year-old illiterate defendant's allegations that he was unaware that the contract was for the sale of his home, and that he placed his mark on the document at the deceptive urging of those in whom he had misplaced his confidence, are sufficient to raise a triable issue of fraud (see National Bank of North Amer. v Chu, 47 N.Y.2d 946). Accordingly, the plaintiffs' cross motion for summary judgment should have been denied. Mollen, P.J., Gulotta, Brown and Boyers, JJ., concur.


Summaries of

Briganti v. Saraceno

Appellate Division of the Supreme Court of New York, Second Department
Dec 20, 1982
91 A.D.2d 648 (N.Y. App. Div. 1982)

In Briganti v. Saraceno, 91 A.D.2d 648, 457 N.Y.S.2d 90 (2d Dept. 1982), for example, the court decided that defendant had raised an issue of fraud sufficient to avoid specific performance by alleging that he was an 87-year old illiterate who was misled into signing a document which he did not know was a contract of sale for his home.

Summary of this case from Federal Deposit Ins. v. Kuang Hsung Chuang
Case details for

Briganti v. Saraceno

Case Details

Full title:ANTHONY BRIGANTI et al., Respondents, v. SALVATORE SARACENO, Appellant

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

Date published: Dec 20, 1982

Citations

91 A.D.2d 648 (N.Y. App. Div. 1982)

Citing Cases

Federal Deposit Ins. v. Kuang Hsung Chuang

The other cases upon which defendants rely similarly concern persons who did not understand the essential…