Ever since the founding of the Colony, Manhattan real estate has been a widely discussed and studied subject. The sale of 549 Manhattan Avenue is no exception. Was there fraud, duress, misconduct?
Jennings-Purnell v Donner 2016 NY Slip Op 31517(U) August 10, 2016 Supreme Court, New York County Docket Number: 110344/2006 Judge: Robert D. Kalish discusses what happens when the Appellate Division reverses, and what Plaintiff has against the notary.
“The underlying action arises from the closing for a sale of a property located at 549 Manhattan Avenue (the “Property”) that occurred on September 14, 2004. Plaintiff alleges that Adams is the principal of Adams & Associates, P.C. Plaintiff further alleges that the contract of sale for the Property she signed on September 14, 2004. violated a previous oral agreement between the former Defendant Jennings and herself. The Plaintiff alleges that Adams knew of said oral agreement and that the sale .was the result of fraud/misconduct/false representations by the former Defendants Jennings, Adams and Adams & Associates.”
” Notorial misconduct can be for wilful, fraudulent or negligent actions of a notary. Further, New York Executive Law § 135 does not require a showing of detrimental reliance. ”Rather, a plaintiff seeking to recover under that section n~ed only show that the notary engaged in notarial misconduct and that such misconduct was a proximate cause of the plaintiffs injury” (Chicago Tit Ins. Co. v LaPierre, 104 AD3d ·720,720721 (NY App Div2d Dept 2013) citing Plemmenou v Aiminos, 12 AD3d 657 (NY App Div 2d Dept 2004); Wells Fargo Bank, N.A. v Sherwood, 82 AD3d 758 (NY App Div 2d Dept 2011); Maloney v Stone, 195 AD2d 1065 (NY App Div 4th Dept 1993 ); Amodei v New York State Chiropractic Ass’n, 160 AD2d 279 (NY App Div 1st Dept 1990) affd 77 NY2d 891(NY1991)).”
“Upon review of the submitted papers and having conducted oral argument of the motion and cross-motion,.the Court finds that the Defendant has established prima facie that he is entitled to summary judgment dismissing the Plaintiff’s action against him for notarial misconduct. Specifically, the Plaintiff has established prima facie that he fully performed his notarial duties at the September 14, 2004 closing by insuring the identities of the individuals signing the closil)g documents, witnessing said signatures and notarizing the signed documents accordingly. The Plaintiff does not allege that Adams in any way instructed Donner in the performance of his duties as notary at the September–14, 2004 . . Further, the Plaintiff does not allege that any of the signatures on’any of the closing documents were forged. ”