Retter v. Zyskind

Order, Supreme Court, New York County (Shirley Werner Kornreich, J.), entered August 5, 2014, which, to the extent appealed from as limited by the briefs, denied defendants’ motion for summary judgment dismissing the complaint in its entirety, unanimously affirmed, with costs.

Given the substantial documentary evidence presented by plaintiff in opposition to defendants’ motion, issues of fact preclude a finding that his investments with regard to two nursing homes were loans rather than equity investments (see generally Mason v Dupont Direct Fin. Holdings, 302 AD2d 260, 262 [1st Dept 2003]).…