Cohen V. Colistra; 233 AD2d 542 (3rd Dept., 1996)
Sep 06, 1996OUTCOME: Order dismissing the affirmative defenses and counterclaims
Involved a mortgage foreclosure action for non-payment. Defendants asserted fraud as affirmative defenses and counterclaims alleging a failure to disclose. Motion for summary judgment by plaintiff was ... denied and appealed. Appellate division determined that unless matters were solely within the plaintiff's particular knowledge, defendants had the means and opportunity, by the use of ordinary intelligence and diligence to ascertain and discover the truth of those matters.
