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MOWETA v. CITYWIDE HOME IMPROVEMENTS OF QUEENS, INC.

267 A.D.2d 438 (1999)

700 N.Y.S.2d 845

DANIELLA MOWETA et al., Appellants, v. CITYWIDE HOME IMPROVEMENTS OF QUEENS, INC., et al., Defendants, and NATIONSCREDIT FINANCIAL SERVICES CORPORATION et al., Respondents.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided December 27, 1999.

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

The Supreme Court properly determined, based on the documentary evidence (see, CPLR 3211 [a] [1]), that the plaintiffs ratified the subject contract, note, and mortgage by making payments thereon to the respondents for five years without protest, and in so doing, waived all claims sounding in fraud (see, Eldon Group Am. v Equiptex Indus....

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