Thursday, September 17, 2009
In a mortgage foreclosure action, the New York Court of Appeals has held that the defendant had sufficiently alleged that the plaintiff (her attorney and paramour) had exploited a fiduciary relationship and secured through fraud an arrangement where he was the lender and she the borrower on a condo purchase. He had a friend represent them both in the closing on the loan. They later married but there was a complication--he already had a wife and two children. When the situation unraveled, he foreclosed on the condo.
The court also concluded that the defendant had sufficiently stated a claim of fraudulent inducement to marriage. An earlier post concerning the case from the ABA Journal is linked here. (Mike Frisch)