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Neildan Construction Corp. v. Angona

209 A.D.2d 389 Court N.Y. App. Div. Decision date 1994-11-07 English

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p. 389
Neildan Construction Corp., Plaintiff, v Robert Angona et al., Defendants. Richard R. DeSimone, Defendant and Third-Party Plaintiff-Appellant, v Robert Bring, Third-Party Defendant-Respondent.
[619 NYS2d 590]

—In an action to quiet

p. 390
title to real property, the defendant third-party plaintiff appeals from an order of the Supreme Court, Rockland County (Meehan, J.), dated June 17, 1993, which granted the third-party defendant’s motion for summary judgment dismissing the third-party complaint.

Ordered that the order is affirmed, with costs.

The third-party defendant was entitled to rely upon the facially valid power of attorney in this case since the circumstances surrounding its presentation would not have put a reasonable person on notice that something was amiss (see, Grasso v Fiumara, 167 AD2d 510 ; cf., Collision Plan Unlimited v Bankers Trust Co., 63 NY2d 827 ). Thus, the Supreme Court did not err in dismissing the third-party complaint. Mangano, P. J., Thompson, Sullivan and Miller, JJ., concur.

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