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Supreme Court Denies Motion for Summary Judgment and Grants Leave to File Amended Answer

The Supreme Court, Westchester County, denied the Plaintiff’s motion for summary judgement on Plaintiff’s causes of action under Real Property Actions and Proceeding Law Section 1201, unjust enrichment and for an accounting. The Court held, inter alia, that the General Obligations Law Section 5-703 (Statute of Frauds) did not preclude the Defendant from producing ancillary evidence to contest the ownership of real property as set forth in a recorded deed. Maffei v. Rubinstein, Index No. 50053/2019 (Sup. Ct. Westchester Cnty., Apr. 2020).