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Dime Savings Bank of New York v. Skrelja

Appellate Division of the Supreme Court of New York, Second Department
May 6, 1996
227 A.D.2d 372 (N.Y. App. Div. 1996)

Opinion

May 6, 1996

Appeal from the Supreme Court, Dutchess County (Hillery, J.).


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

The Supreme Court properly denied the plaintiff's motion for summary judgment dismissing the counterclaim of the defendant Marko Skrelja. The "Forebearance and Deferral Agreement" that Skrelja signed, which stated, in pertinent part, "there are no defenses, offsets or counterclaims of any nature to the Note or the Mortgage" did not waive Skrelja's right to bring an action in tort for breach of fiduciary duty ( see, Davis v. Dime Sav. Bank, 158 A.D.2d 50). "[T]he same conduct which constitutes a breach of a contractual obligation may also constitute the breach of a duty arising out of the contract relationship which is independent of the contract itself" ( Davis v. Dime Sav. Bank, supra, at 52; see, Mandelblatt v. Devon Stores, 132 A.D.2d 162). Altman, J.P., Hart, Goldstein and McGinity, JJ., concur.


Summaries of

Dime Savings Bank of New York v. Skrelja

Appellate Division of the Supreme Court of New York, Second Department
May 6, 1996
227 A.D.2d 372 (N.Y. App. Div. 1996)
Case details for

Dime Savings Bank of New York v. Skrelja

Case Details

Full title:DIME SAVINGS BANK OF NEW YORK, FSB, Appellant, v. MARKO SKRELJA…

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

Date published: May 6, 1996

Citations

227 A.D.2d 372 (N.Y. App. Div. 1996)
642 N.Y.S.2d 84

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