CAPUTO v. CITIMORTGAGE, INC.

2016-07355. Index No. 14548/13.

165 A.D.3d 748 (2018)

86 N.Y.S.3d 212

2018 NY Slip Op 06713

Frank J. Caputo, Jr., Appellant, v. Citimortgage, Inc., Respondent.

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

Decided October 10, 2018.


Ordered that the order is affirmed, with costs.

The plaintiff commenced this action against the defendant mortgagee, asserting causes of action sounding in breach of contract, unjust enrichment, and defamation. The complaint alleged, inter alia, that the defendant damaged the plaintiff's credit rating by erroneously reporting that the plaintiff had defaulted in making timely mortgage payments. The defendant moved for summary judgment dismissing the complaint, and...

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