First Union v. Tecklenburg

In First Union v. Tecklenburg, 2 A.D.3d 575, 576-577, 769 N.Y.S.2d 573 (2d Dept. 2003), the Second Department held that, by securing a mortgage loan from the defendant-mortgage company after the plaintiff-bank mistakenly informed him that the mortgage it held had been satisfied, the appellant-mortgagor demonstrated that he underwent a detrimental change in his position, in justifiable reliance on the plaintiff's misrepresentations. 2 A.D.3d at 577. The Second Department reversed the decision of the lower court, and dismissed the complaint. Id.