KUNI CHEN v. DALY

4016. 157055/15.

150 A.D.3d 506 (2017)

2017 NY Slip Op 03896

52 N.Y.S.3d 222

KUNI CHEN, Appellant, v. DONALD R. DALY et al., Respondents.

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

Decided May 16, 2017.


We affirm the dismissal of the complaint, albeit on different grounds than the motion court cited. Plaintiff failed to allege that defendants' purportedly negligent and fraudulent real estate appraisal, used for the purposes of settling a divorce action, caused him to overpay to buy out his property (see e.g. Laub v Faessel, 297 A.D.2d 28, 30-31 [1st Dept 2002]).

Despite his objections to the appraisal, plaintiff utilized...

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