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SANDER v. J.P. MORGAN CHASE HOME MORTGAGE

56 A.D.3d 301 (2008)

867 N.Y.S.2d 87

MARIE SANDER, Appellant, v. J.P. MORGAN CHASE HOME MORTGAGE, Respondent.

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

November 6, 2008.

Plaintiff failed to raise a genuine issue of material fact with respect to fraudulent inducement or her other claims of negligence, unconscionability and duress, particularly in light of the clear and unambiguous terms of the mortgage documents (see Matter of American Mtge. Banking v Canestro, 201 A.D.2d 407 [1994]). Her initialing of the rider confirms that this was an adjustable rate...

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