CASHEL v. CASHEL


15 N.Y.3d 794 (2010)

934 N.E.2d 876

908 N.Y.S.2d 143

THOMAS P. CASHEL, Plaintiff, v. FRANCINE CASHEL, Defendant. THOMAS P. CASHEL, Appellant, v. FRANCINE CASHEL et al., Defendants, and MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., et al., Respondents. (And Another Action.)

Court of Appeals of New York.

Decided August 31, 2010.


Attorney(s) appearing for the Case

Saltzman Chetkof & Rosenberg, LLP, Garden City ( Michael Chetkof for appellant.

Solomon & Siris, P.C., Uniondale ( Michael J. Siris , of counsel), for respondents.

Chief Judge LIPPMAN and Judges CIPARICK, GRAFFEO, READ, SMITH, PIGOTT and JONES concur in memorandum.


OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division, insofar as appealed from, should be reversed, with costs, and the motion by defendants Fremont Investment & Loan and Mortgage Electronic Registration Systems, Inc. for summary judgment dismissing the first cause of action against them denied.

Issues of fact exist with respect to whether plaintiff Thomas P. Cashel possessed the requisite "knowledge of material facts" concerning...

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