SANDER v. MORGAN CHASE HOME MORTGAGE (2008)

Supreme Court, Appellate Division, First Department, New York.

Marie SANDER, Plaintiff-Appellant, v. J.P. MORGAN CHASE HOME MORTGAGE, Defendant-Respondent.

Decided: November 13, 2008

TOM, J.P., MAZZARELLI, SAXE, BUCKLEY, JJ.

Marie Sander, appellant pro se. Pittoni, Bonchonsky & Zano, LLP, Garden City (Peter R. Bonchonsky of counsel), for respondent.

Order, Supreme Court, New York County (Walter B. Tolub, J.), entered July 25, 2007, which granted defendant's motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Plaintiff failed to raise a genuine issue of material fact with respect to fraudulent inducement or her other claims of negligence, unconscionability and duress, particularly in light of the clear and unambiguous terms of the mortgage documents (see Matter of American Mtge. Banking v. Canestro, 201 A.D.2d 407, 607 N.Y.S.2d 657 [1994] ). Her initialing of the rider confirms that this was an adjustable rate mortgage. Since plaintiff had an obligation to exercise ordinary diligence in ascertaining the terms of the document she signed (PNC Capital Recovery v. Mechanical Parking Sys., 283 A.D.2d 268, 272, 726 N.Y.S.2d 394 [2001], appeal dismissed 98 N.Y.2d 763, 751 N.Y.S.2d 846, 781 N.E.2d 911 [2002] ), she cannot reasonably claim to have believed the terms were other than as stated.

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