Appellate Division of the Supreme Court of New York, 1938

Fischer v. Bean

Fischer v. Bean
Appellate Division of the Supreme Court of New York · Decided February 28, 1938
253 A.D. 918; 3 N.Y.S.2d 750; 1938 N.Y. App. Div. LEXIS 9260
Fischer v. Bean

Opinion of the Court

In a suit in equity by the apparent joint owner of a mortgage for reformation of the foreclosure and the deed of the referee to the other joint owner, now deceased, by correcting it to include the name of plaintiff, and for an accounting, there were findings that there was no fraud or mistake and in effect that there was no breach of fiduciary duty. These findings are supported by the evidence. Judgment unanimously affirmed, without costs. No opinion. Appeal from decision in part dismissed. An appeal therefrom does not lie. Present — Lazansky, P. J., Hagarty, Carswell, Davis and Close, JJ.

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