Dime Savings Bank v. Skrelja
Cases that cite this one
6 later published cases cite this decision.
- eShares, Inc. v. Talton, III (District Court, S.D. New York 2024)
- Ironforge. Com v. Paychex, Inc. (District Court, W.D. New York 2010)
- Jiaxing Leadown Fashion Co. Ltd. v. Lynn Brands LLC (District Court, S.D. New York 2021)
- Hamlet at Willow Creek Development Co. v. Northeast Land Development Corp. (Appellate Division of the Supreme Court of New York 2009)
- Bender Insurance Agency, Inc. v. Treiber Insurance Agency, Inc. (Appellate Division of the Supreme Court of New York 2001)
- P.S. Marcato Elevator Co. v. New York Marine & General Insurance (Appellate Division of the Supreme Court of New York 1998)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
In an action for a judgment of foreclosure and sale of real property, the plaintiff appeals from so much of an order of the Supreme Court, Dutchess County (Hillery, J.), entered June 21, 1995, as denied its motion for summary judgment dismissing the counterclaim of the defendant Marko Skrelja.
Ordered that the order is affirmed insofar as appealed from, with costs.
The Supreme Court properly denied the plaintiffs motion for summary judgment dismissing the counterclaim of the defendant Marko Skrelja. The "Forebearance and Deferral Agreement” that Skrelja signed, which stated, in pertinent part, "there are no defenses, offsets or counterclaims of any nature to the Note or the Mortgage” did not waive Skrelja’s right to bring an action in tort for breach of fiduciary duty (see, Davis v Dime Sav. Bank, 158 AD2d 50). "[T]he same conduct which constitutes a breach of a contractual obligation may also constitute the breach of a duty arising out of the contract relationship which is independent of the contract itself’ (Davis v Dime Sav. Bank, supra, at 52; see, Mandelblatt v Devon Stores, 132 AD2d 162). Altman, J. P., Hart, Goldstein and McGinity, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.