MAZZURCO v. PII SAM, LLC

2016-08579, Index No. 3963/14.

153 A.D.3d 1341 (2017)

2017 NY Slip Op 06532

63 N.Y.S.3d 59

VINCENT MAZZURCO, Respondent, v. PII SAM, LLC, et al., Appellants.

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

Decided September 20, 2017.


Ordered that the order entered July 13, 2016, is affirmed insofar as appealed from, with costs.

The plaintiff commenced this action to recover damages for, inter alia, breach of contract and unjust enrichment, based upon his alleged overpayment of money to the defendants on a mortgage loan secured against his property located in Elmhurst. The defendants, relying on a release executed by the plaintiff in a foreclosure action for a different property, moved pursuant...

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