Michael Picozzi III wanted to buy property from Michael Marcantonio.
Although the parties' contract of sale reflected that a downpayment had been received, that apparently wasn't the case and the funds were deposited at "a later date."
After the house was sold, Marcantonio sued the buyer, and the law firm that processed the transaction, for fraud.
When the Nassau County Supreme Court dismissed the case, the dispute ended up before the Appellate Division, Second Department.
While it thought Marcantonio should have brought a "breach of contract" rather than fraud case, since the deed had been delivered, the AD2 was of the view any possible claim had been "extinguished" by the transfer and that the dismissal needed to stand.
That grief was not crowned with consolation.
To view a copy of the Appellate Division's decision, please use this link: Marcantonio v. Picozzi