Feinstein v. Levy

In an action to foreclose a mortgage on real property, the plaintiff appeals from so much of an order of the Supreme Court, Westchester County (Burchell, J.), entered May 3, 1985, as denied her motion for summary judgment on the ground that the defenses asserted in the answer are invalid as a matter of law.

Order reversed insofar as appealed from, on the law, with costs, motion granted, and matter remitted to the Supreme Court, Westchester County, for entry of an appropriate judgment.

On May 5, 1972, the respondent, a former attorney, executed a note and mortgage for $50,000 to the plaintiff in…