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Remedies Keyed to Tabb, 8th
Reisner v. Stoller
Citation:
51 F. Supp. 2d 430 (1999)Facts
Prior to 1977, plaintiff Ida Reisner sold her home in Portchester, New York and moved with her two sons to White Plains, where she became romantically involved with Michael Augello, who falsely claimed to be divorced but was actually married and living with his wife. Ms. Reisner wanted to purchase a home in Spring Valley using proceeds from her prior home sale but alleges she was told she needed a male co-signer because she was a widow. At the July 26, 1977 closing, Ms. Reisner presented herself as “Ida J. Augello” and pretended to be Augello’s wife, but her name was crossed out from the deed, which was recorded solely in Augello’s name. Ms. Reisner paid approximately $10,000 as downpayment and made all mortgage payments in cash to Augello for approximately twenty years without receipts, believing she owned the property. In June 1992, she discovered her name had been removed from the deed but continued making some payments until Augello instituted eviction proceedings in 1996. After multiple failed legal challenges in state and federal courts, Ms. Reisner was evicted on April 13, 1998, and filed the instant action on May 6, 1998, alleging a conspiracy among numerous defendants to fraudulently deprive her of property ownership.
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