TUMA v. GALGANO (2004)

In an action, inter alia, to rescind a deed to certain real property, the plaintiff appeals from an order and judgment (one paper) of the Supreme Court, Westchester County (Nastasi, J.), entered July 8, 2003, which, after a nonjury trial, among other things, dismissed the complaint.

ORDERED that the order and judgment is affirmed, with costs.

The plaintiff commenced this action, inter alia, to rescind a deed to certain real property, which deed she had signed and given to the defendant, George Galgano, Jr. After a nonjury trial, the trial court found that the plaintiff did not place any conditions on the delivery of the deed (see Sofsky v. Rosenberg, 76 N.Y.2d 927, 563 N.Y.S.2d 52, 564 N.E.2d 662;  Hoffman v. Hoffman, 6 App.Div. 84, 39 N.Y.S. 494) or execute the deed as a result of duress (see Gubitz v. Security Mut. Life Ins. Co. of N.Y., 262 A.D.2d 451, 692 N.Y.S.2d 139;  Matter of Garvin, 210 A.D.2d 332, 620 N.Y.S.2d 400) and determined, among other things, that the defendant was entitled to judgment dismissing the complaint.   Since this determination was based on a fair interpretation of the evidence, the complaint was properly dismissed (see Martinez v. Dushko, 7 A.D.3d 584, 775 N.Y.S.2d 907;  Kremer v. 4-65 48th Ave., 2 A.D.3d 689, 768 N.Y.S.2d 622).

The plaintiff's remaining contention is unpreserved for appellate review, and in any event, without merit.