Rosenzweig v. Givens
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Moskowitz, J.
Given the highly unusual circumstances of this case, we do not believe that the motion court should have granted summary judgment to plaintiff at this early juncture, prior to discovery. Plaintiff Joseph Rosenzweig commenced this action to foreclose on two mortgages he issued to defendant Radiah Givens on May 10, 2002, in connection with the balance due on defendant’s alleged purchase of a condominium apartment. The apartment secured the loans. It is undisputed that defendant herself has never made a mortgage payment.
However, these were no ordinary, arm’s…
2Cases cited10 opinions
- Christian v. ChristianNew York Court of Appeals · 1977
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- Marmelstein v. Kehillat New HempsteadNew York Court of Appeals · 2008
- In Re the Estate of GreiffNew York Court of Appeals · 1998
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